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november 2003

Supreme Court of India · 2003-11-05

B.L. Gupta Construction (P) Ltd vs Bharat Cooperative Group Housing ...

Citation / case number
AIR 2004 SUPREME COURT 319
Court
Supreme Court of India
Petitioner
B.L. Gupta Construction (P) Ltd
Respondent
Bharat Cooperative Group Housing ...
Bench
S.B. Sinha, Ar. Lakshmanan

Judgment text excerpt

The Supreme Court held that the High Court's denial of pre-reference and pendente lite interest was contrary to the precedent set in N.C. Budharaj's case, which established that such interest is generally permissible unless expressly waived. The Court reinstated the entitlement to pre-reference interest and clarified that the discretion under Section 34 of the Code of Civil Procedure, 1908 regarding pendente lite interest must be exercised judiciously. The appeal was allowed, modifying the High Court's judgment to grant the appellant the full interest as per the original award.

B.L. Gupta Construction (P) Ltd vs Bharat Cooperative Group Housing ... · Niyam