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.