AIR 1998 SUPREME COURT 1101 ::1998 AIR SCW 891
Supreme Court Of India
(From : Karnataka)*
Hon'ble Judge(s): S. Saghir Ahmad, M. Jagannadha Rao , JJ

(A) Civil P.C. (5 of 1908) , S.34, O.34 R.11— Applicability - Mortgage suits - Grant of interest - Special provision in O. 34, R. 11 alone is applicable and not S. 34. (Para 7 18) (B) Banking Regulation Act (10 of 1949) , S.21A— Scope - Provisions under S. 21A not intended to override Central Legislation like the Civil P. C. or O. 34, R. 11 of C.P.C. Civil P.C. (5 of 1908) , Preamble, O.34 R.11— (Para 22) (C) Banking Regulation Act (10 of 1949) , S.21A— Civil P.C. (5 of 1908) , O.34 R.11— Rate of interest - Grant of, for period during pendency of mortgage suits in court - Discretion of Court - Whether to be continued or to be fettered and whether there should be distinction between different debtor - Are all matters of policy for legislature - Parliament to bring forward legislation in that regard. Section 21A of the Banking Regulation Act, 1949 does not come to the aid of Banks vis-a-vis O. 34, R. 11, CPC, the question whether for the period during the pendency of mortgage suits in Courts, the Courts discretion should continue or whether it should be fettered and if so to what extent and as to what rate....

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