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september 2004

Supreme Court of India · 2004-09-24

M/S. NANDI INVESTMENTS & ENTERPRISES vs L.M. SARVAMANGALA

Citation / case number
SC 2003/11317
Court
Supreme Court of India
Petitioner
M/S. NANDI INVESTMENTS & ENTERPRISES
Respondent
L.M. SARVAMANGALA
Author
C.K. THAKKER ARIJIT PASAYAT
Bench
C.K. THAKKER ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court addressed the execution of a decree under the Civil Procedure Code, emphasizing that interest cannot be claimed on interest and that the executing court must adhere to the original decree's terms. The Court held that the appellant's claim of excess interest was valid, and the executing court's calculation was flawed. Consequently, the Court directed the recalculation of the amounts due, ensuring compliance with the decree's stipulations regarding interest under Section 34 of the Civil Procedure Code.

M/S. NANDI INVESTMENTS & ENTERPRISES vs L.M. SARVAMANGALA · Niyam