Supreme Court of India · 2004-09-24
M/S Nandi Investents & Enterprises vs L.M. Saravamangala
- Citation / case number
- AIR 2004 SUPREME COURT 4765
- Court
- Supreme Court of India
- Petitioner
- M/S Nandi Investents & Enterprises
- Respondent
- L.M. Saravamangala
- Bench
- Arijit Pasayat, C.K. Thakker
Judgment text excerpt
The Supreme Court addressed the procedural issues arising from the execution of a decree under the Code of Civil Procedure, 1908, particularly focusing on the calculation of interest and principal amounts owed. The Court held that the Executing Court must ensure that interest is not compounded improperly and that payments made by the judgment-debtor are accurately reflected in the calculations. The appeal was allowed, and the matter was remanded for recalculation of the amounts due, emphasizing the need for adherence to the principles of fair justice in execution proceedings.