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december 2008

Supreme Court of India · 2008-12-17

M/S. Vijay Industries vs M/S. Natl Technologies Ltd

Citation / case number
AIR 2009 SUPREME COURT 1695
Court
Supreme Court of India
Petitioner
M/S. Vijay Industries
Respondent
M/S. Natl Technologies Ltd
Author
S.B. Sinha
Bench
Cyriac Joseph, S.B. Sinha

Judgment text excerpt

The Supreme Court addressed whether interest payable on a sum due constitutes a debt under Sections 433 and 434 of the Companies Act, 1956. The Court held that interest, as stipulated in the invoices, is indeed part of the debt, thereby allowing the appellant to claim it. The judgment clarified that the respondent's liability to pay interest is enforceable despite their claims of adjustments and third-party notices, reinforcing the contractual obligation to pay as per the agreed terms.

M/S. Vijay Industries vs M/S. Natl Technologies Ltd · Niyam