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july 2012

Supreme Court of India · 2012-07-10

M/S.Purbanchal Cables & Conductors ... vs Assam State Electricity Board & Anr

Citation / case number
AIR 2012 SUPREME COURT 3167
Court
Supreme Court of India
Petitioner
M/S.Purbanchal Cables & Conductors ...
Respondent
Assam State Electricity Board & Anr
Author
H.L. Dattu
Bench
Anil R. Dave, H.L. Dattu

Judgment text excerpt

The Supreme Court held that under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993, a suit for interest on delayed payment is maintainable even if the principal amount has been received, provided the claim for interest is made timely. The Court overruled the High Court's decision that a suit for interest simpliciter is not maintainable when the principal amount was received without demur. The appeals were allowed, and the High Court's judgment was set aside, reinstating the decree in favor of the supplier.

M/S.Purbanchal Cables & Conductors ... vs Assam State Electricity Board & Anr · Niyam