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1 - 10 of 14 (0.35 seconds)The Code of Civil Procedure, 1908
J. K Engineering Pvt. Ltd vs Ane Industries Pvt. Ltd on 7 February, 2019
47. As far as the unreported judgment of the learned Single Judge of this court, dated February 7, 2019, in J.K.
Engineering Pvt. Ltd. (supra), is concerned, the same related to an adjudication of an application for judgment
on admission made by the plaintiff in a suit for a money claim and fell within the scope of Order XII Rule 6 of
the Code of Civil Procedure.
M/S Hyder Consulting(Uk) Ltd vs Governer State Of Orissa Tr.Chief Eng on 25 November, 2014
52. Hyder Consulting (UK) Limited (supra) is cited for the proposition that if no interest on the principal amount
is awarded then the expression "sum" would comprise only the principal amount and if only pre-award interest
is awarded and there is no principal amount then such interest would become the "sum" for which award is
made under Section 31(7)(a). It was laid down in the said judgment, also cited by the petitioner, as to what
was the connotation of the expression "sum". It was laid down therein that, for the purpose of an award, there
is no distinction between a "sum" with interest and a "sum" without interest. Once the interest is included in
the "sum" for which the award is made, the original "sum" and the interest component cannot be segregated
and be seen independent of each other. The interest component then loses of its character of an "interest" and
takes the colour of "sum" for which the award is made.