...on the following judgments in support of his contention that even after payment of the principal amount, a suit for the unpaid interest shall lie and such suit ...payment by virtue of a trade custom or that he cannot maintain a claim by filing a suit for recovery of interest alone, if the principal amount has been paid. Strictly speaking, ...counsel for the respondent/defendant, that the payment of the principal amount without making payment of interest would totally absolve the debtor from his liability to pay ...

...not be that the principal amount had already been paid and a fresh claim for interest was made thereafter under Section 3. That would turn the law of interest proposed by the legislature on its he...proceedings are for recovery of only interest. The question, however, is whether the notice provided under Section 3 can be issued after payment of the principal. On first principles, as ...Plaintiff’s claim for interest in this suit is of both types. As for the extra items and wrongly recovered interest on mobilisation advance, interest is claimed on the ...

...further interest at the rate of 15% per annum on the principal amount of Rs.1,00,000/- till actual payment and/or realisation and the costs of the Suit. After the ...annum on the principal amount of Rs.1,00,000/- till actual payment and/or realisation and the costs of the Suit. The Plaintiff is entitled 2.... JUDGMENT : The Plaintiff has in the Suit sought a decree against the Defendant for a sum of Rs.1,11,376/- and...

...of interest for one year to treat the amount after the lapse of that years as principal. The Calcutta High Court held following the case of Mature Das, that the obligation ??? so..., calculated up to the time of tender or payment of principal and interest or the institution of a suit by, the mortgagee. There is no suggestion that any lesser rate was a greed upon to ...default. Nor is there any logical reason to think that the mortgagee would be willing for his money after 1907 to bear a smaller rate of interest. He could, on default, have commenced a suit, but he was...

...has since substantially recovered but is still a sick unit for purposes of payment of amount, which is subject matter of the present suit as well as the connected suits. The plaintiff is,...:“1. Whether the principal amount as claimed by the Bank is not principal amount on the ground that it includes interest added from the date of advance till date of the ...the date of the decree till the date of the payment and, in any case, for charging the same at reduced rate or rates of interest? OPD.3. Whether the amount paid by the Defen...

...the interest @ 18% on the decretal amount from the date of the suit till the date i.e 26th April, 1984 which is being fixed by the Court for payment of the mortgage debts. After ...J.V Gupta, J.:— The plaintiff, State Bank of India, filed the present suit for recovery of Rs. 93347.10 Pan account of amount due under the Cash Credit (Factory Type) account with ...simple suit for the recovery of money but was a suit for the recovery of the money by sale as provided Under Order 34. For payment of interest in such a ...

...of Rs.50,679/- together with further interest due on principal amount of Rs.50,679/-at the rate of 18% per annum from the date of filing of the Suit till ... and/or realisation and the costs of the Suit. After the writ of summons was served on the Defendants, the Advocates for the Defendants filed...upto eight weeks from the date of the order for making the payment. 2. The learned Counsel appearing for the Plaintiff stated that the Defendants have not complied...

...sum of Rs.1,16,665/- together with further interest due on principal amount of Rs.1,16,665/- at the rate of 18% per annum from the date of filing of the Suit till ... and/or realisation and the costs of the Suit. After the writ of summons was served on the Defendants, the Advocates for the Defendants filed...extended upto eight weeks from the date of the order for making the payment. 2. The learned Counsel appearing for the Plaintiff stated that the Defendants have not...

...sum of Rs.2,53,138/- together with further interest due on principal amount of Rs.2,53,138/- at the rate of 18% per annum from the date of filing of the Suit till ... and/or realisation and the costs of the Suit. After the writ of summons was served on the Defendants, the Advocates for the Defendants filed...extended upto eight weeks from the date of the order for making the payment. 2. The learned Counsel appearing for the Plaintiff stated that the Defendants have not...

...kasht naqdi qaimi, mahduda bahadud arbea mofassila zail, waqe mauza Cbauki wa mauza Itwan, pargana Sasaram, tbana Earghar makful kia).That date was fixed for payment is clear from the following recital“...:“in security for the principal amount with interest. I martgage 6 acres 4 decimals kasht kayami nagdi total area cash rental Bituated in village Chanki and village Intwa pergana Sasaram P.S...a mortgage decree for a sum of Rs. 700 principal plus a sum of Rs. 700 as interest which the defendants should pay within a period of three months from the date of the preparation ...

...the Court was bound to allow the contractual rate of interest pendente lite, Their Lordships allowed interest at 12% per annum simple from the date of the institution of the suit to the date fixed...suit upto the date of redemption; and (ii) from the date of redemption to the date of realisation. For the former, the Court may allow interest on the principal amount at the rat.... The defendants resisted the suit. The trial Court passed a preliminary decree for sale for the entire claim of the plaintiff i.e. principal sum Rs. 22,000/- and interest at the stipulated rates ...

...receiving principal amount along with interest and the suit is still pending. In the above suit, the petitioner has voluntarily deposited a sum of Rs.1,09,891/- towards principal and ...willing to redeem the jewels on payment of principal and interest due. Hence, the petitioner may be permitted to agitate the suit regarding the remaining grams of jewels. ...principal as well as interest for the jewels and to return the jewels without prejudice to the contentions of the petitioner in the suit. So far as the claim in the suit is concerned, the petition...

...the amount of interest a creditor can recover against his debtor shall not exceed the amount of principal. The present application arises in a mortgage suit, and arises under these circum...what the decree says: “thereafter the principal and interest are to become an aggregate amount, and interest is to be computed on the aggregate amount at the rate of six per cent, per annum, such...in this case to have the balance order, and to recover the amount of interest asked for, must go. The defendants must pay to the plaintiffs their costs of this application. The balance order will be...

...property by deposit of title deeds. The plaintiff bank therefore, filed the present suit for Rs.1,15,000/- as principal amount, Rs.30735.64 interest till the date of filing of th...the cheques were dis-honoured then the plaintiff bank demanded the said amount with interest for payment from Defendant No.1, 2 and 3. Consequently, on 21.07.1978, the appellant No.2...wrote a letter to make the payment of the amount with interest @ 16% per annum. The defendants failed to make the payment then the defendant No.2, 3 and 4 in lieu of such payment mortgage...

...such payment mortgaged their property by deposit of title deeds. The plaintiff bank therefore, filed the present suit for Rs. 1,15,000/- as principal amount, Rs. 30735.64 interest till th...credited in the account of the appellants but when the cheques were dis-honoured then the plaintiff bank demanded the said amount with interest for payment from Defendant No. 1, 2 and 3. Consequently, on...21.07.1978, the appellant No. 2 wrote a letter to make the payment of the amount with interest @ 16½% per annum. The defendants failed to make the payment then the defendant No. 2, 3 and 4 in lieu ...

...deed. 2. The provision relating to the payment of the interest, or, in default, of compound interest, is as follows: [After reading the portion of the bond set out, (ante...he is entitled to interest at the mortgage rate on the whole amount due on the mortgage from the institution of the suit until the expiration of the period, six months, fixed for payment ...decree in respect of interest on the mortgage-debt. The mortgage-deed is dated the 19th Pous 1289; the amount of the mortgage loan is Rs. 60,000; the date fixed for the repayment of the mortgage...

...Appearance JUDGMENT (This case has been heard through video conference) The suit is laid for recovery of a sum of Rs.21,88,11,451.96 on a principal....Learned counsel for the plaintiff submitted that the interest was calculated as per the terms of the Hire Purchase Agreement. Even though the defendants have paid a sum of Rs.55.55 lakhs, the payment...was not consistent with the terms of the Agreement viz. Ex.P3. After adjusting the said sum, both in the interest as well as the principal component payable in terms of the Hire Purchase Agreement, the...

...plaintiff's partner Surinder Singh obtained signatures of defendant on blank papers after administering him intoxicants. Defendant's mother lodged FIR against Surinder Singh regarding non-payment of price .... 6,61,690/- which included Rs. 6,15,000/- as principal amount and Rs. 46,690/- as interest till filing of the suit at the aforesaid agreed rate.Defendant broadly denied the plaint averment...the same with interest @ 1.56% per month and also executed pronote and receipt for the same. However, the defendant failed to repay the same. Accordingly, plaintiff filed suit for recovery of Rs...

...the mortgage deed. The Court held that the Plaintiff could not be compelled to pay interest after the expiry of the three months because the Defendants by failing to obtain probate had not put themselves in a position to re...on the principal sum at the rate of six per cent, per annum up to the day of realisation, payment to be made every month. The deed goes on these words:“If for any reason the ...six consecutive months falls into arrear at a time then yon will be competent to realise the same by filing a suit for the realisation of the principal and interest in a Court of competent...