AIR 1997 SUPREME COURT 1219 ::1997 AIR SCW 1252 ::(1997) 3 Supreme 622 ::1997 (1) Supreme 410 ::1998 (9) SCC 28 ::(1997) 2 RecCivR 176 ::(1997) 1 Scale 327 ::1997 (2) CurCC 164 ::1997 (1) ICC 7 ::(1997) 84 Cut LT 663 ::1997 (1) LJR 511 ::(1997) 1 Ker LT 44 ::1998 (3) PatLJR 27 ::(1997) 2 LandLR 341 ::(1997) 1 Supreme 410 ::(1998) 35 BankLJ 125 ::(1997) 1 JT 505 (SC) ::1997 (1) JT 505

Supreme Court Of India

(From : Orissa)*

Hon'ble Judge(s): A. S. Anand, S. B. Majmudar , JJ

(A) Civil P.C. (5 of 1908) , O.20 R.11— Suit for money - Decree in favour of plaintiff - Cross claim by defendant for value of goods delivered by him to plaintiff and kept by plaintiff to himself in pledge - Deduction of amount paid by plaintiff to bank for releasing those goods from bank on behalf of defendant- order as to, by High Court - Not legal when such amount was already included in money decree passed in favour of plaintiff and it would amount to double deduction in favour of plaintiff. F. A. No. 17 of 1977, D/-18-8-1987 (Orissa), Reversed. (Para 11) (B) Civil P.C. (5 of 1908) , S.34— Interest - Money decree - Relationship between parties not only that of lender and borrower but there was agreement similar to cash credit arrangement with bank - Bank rate of interest at relevant time was 12% - Rate of future interest as awarded on money decree reduced from 18% to 12%. (Para 14) (C) Civil P.C. (5 of 1908) , O.21 R.19— Execution of decree - Cross decrees - Adjustment - Suit for recovery of money - Cross claim by defendant - Plaintiff's suit decree and also preliminary decree passed in favour of defendant for accounts to be rendered by plaintiff - Two appeals f....