AIR 2001 SUPREME COURT 3095 ::2001 AIR SCW 4468 ::(2002) 1 BankJ 314 ::(2001) 4 CivLJ 790 ::(2002) 1 CivilCourtC 364 ::2002 (1) SCC 367 ::2002 (1) RecCivR 49 ::(2001) 7 Scale 351 ::(2001) 3 BankCLR 461 ::2001 (4) CurCC 219 ::2002 (2) Andh LD 97 ::(2002) 1 BankCas 150 ::(2001) 45 All LR 695 ::2002 (2) Bom CR 616 ::2002 (1) BLJR 207 ::2002 BLJR 1 207 ::2001 (107) Com Cas 416 ::2002 (1) GujLH 474 ::2002 (1) ICC 1 ::2002 (1) MadLW 683 ::(2002) 1 Mad LJ 109 ::2001 (2) Ker LJ 849 ::2002 (1) Ker LT 743 ::2002 (2) RajLW 241 ::2001 (3) Pun LR 837 ::(2001) 5 SCJ 133 ::2001 (7) Supreme 764 ::(2001) 9 JT 101 (SC)

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): A. S. Anand, K. T. Thomas, R. C. Lahoti, N. Santosh Hegde, S. N. Variava , JJJ

(A) Civil P.C. (5 of 1908) , S.34— Decree for payment of money - Interest - Expression "the principal sum adjudged" occurring in S. 34 - Includes the amount of interest, charged on periodical rests, and capitalised with the principal sum actually advanced, so as to become an amalgam of principal in such cases where it is permissible as per contract between parties or an established Bank practise - The principal sum (on the date of suit) so adjudged, shall be treated as "principal sum" within meaning of S. 34 on which interest pendente lite and future interest i.e. post-decree interest may be awarded by Court. Union Bank of India v. Gourishankar Upadhyaya, AIR 1992 Bom 482, Overruled.Corpn. Bank v. D. S Gowda, 1994 AIR SCW 2721, Bank of Baroda v. Jagannath (1996) 5 SCC 280, Approved. ^ M. V. Mahalinga Aiyar v. Union Bank Ltd., AIR 1943 Madras 216, Distinguished.Corpn. Bank v. D. S Gowda, 1994 AIR SCW 2721, Bank of Baroda v. Jagannath (1996) 5 SCC 280, Approved. ^ M. V. Mahalinga Aiyar v. Union Bank Ltd., AIR 1943 Madras 216, Distinguished. While decreeing a suit if the decree be for payment of money, the Court would adjudge the principal sum on the date of the suit. The Court may also be called upon to adjudge interest due and payable by the defendant to the plaintiff for the pre-suit period which interest would obviously be other than such int....