...other hand, Section 34 of CPC is a better guide in so far as levy of interest is concerned. Having regard to the fact that this was not a commercial transaction, though it is sought to be canvassed by the learned counsel fo...of it lesser than the bank rate of interest at 14% in respect of commercial transaction and therefore the interest levied may not be disturbed, however on the...basis that the agreement does not indicate that it is a commercial transaction. Therefore, the court was not justified in levying interest at 12%. It was more appropriate if the interest rate was...

...Court to grant interest on the principal amount even for the period prior to institution of the suit. He submitted that the grant of interest on commercial transaction is the discretion available ...which moneys are lent or advanced by nationalised banks in relation to commercial transaction.(2) Where such a decree is silent with respect to the payment of further interest [on such...a commercial transaction, the rate of such further interest may exceed six per cent per annum, but shall not exceed the contractual rate of interest or where there is no contractual rate, the rate at...

...of the suit with further interest at such rate not exceeding 6% per annum as per proviso in case of commercial transaction. Accordingly, factual finding was recorded that there was no stipulation of interest ...delayed payment on commercial transaction and interest was awarded in terms of proviso to Section 34 CPC and as such, the appeal of the defendant-appellant was dismissed. The cross...arisen out of the commercial transaction but there was no contract inter se the parties, therefore, the rate at which interest @ 12% has been granted by the courts below after date of decree cannot be sustained on ...

..., after hearing both the parties and on the basis of the evidence on record, came to the conclusion that the transaction between the parties was commercial in nature and, therefore, the future interest...was claimed at the rate of 15% per annum on the basis that it was a commercial transaction. Both the Courts below have held that it was an admitted position that it was the commercial transaction and ...decree also would be a nullity. As can be seen from the record, there is nothing to show that there was an agreement to pay interest on the principal amount at all in the course of the transaction and...

...1993–94 when RBI admitted interest on commercial transaction at 19% per annum. The rate of interest after 1995–96 started to decline. It started going down and went down to 10.25% in 2005–06...favour of the Contractor together with interest at 24% per annum from 5.1.1994 on which date the reference was entered into by the Hon'ble Arbitrator till 2.3.1995 on which date the award was passed. The....8. The learned Government Pleader contended that the Supreme Court has already resolved the question relating to interest holding that the contractor would not be entitled to interest on...

...society. The complainant being the member of the opposite party society there is no provision or any agreement for payment of interest on the refund amount. The transaction is not a commercial transaction.... Therefore question of granting interest on the amount from the date of respective payment does not arise, the Registrar of co-operative society also not allowing the interest on the refund...amount. However, the complainant is entitled interest on the amount from the date of filing complaint till receipt of the amount from the opposite party. In the result, I proceed to pass the following...

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...court in a money decree may award interest exceeding six per cent, on a commercial transaction but not beyond the contractual rate. 12. In the instant appeal, the trial court has.... 2. Appellant No. 1 obtained a loan of Rs. 1,90,000 from the respondent-bank on March 24, 1981, for purchase of a truck with interest at 15 per cent, per annum with quarterly rests. He executed a...Dwivedi is wholly unfounded. 9. The transaction entered into between the parties was admittedly a commercial transaction. It is well settled that in a commercial transaction by the...

...petitioner, paid by the petitioner in respect of a commercial transaction. Bank is obliged to pay interest on such transaction. The nature of transaction had between the parties is ...Debangsu Basak, J.:— The petitioner claims interest at commercial rate for the period from November 12, 2012 till January 30, 2015 on the purchase price retained by the Bank during this...of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioner was the highest bidder and had put in the purchase price on November 12, 2012. He submits...

...transaction. Calculating the reasonable interest on the suit commercial transaction at the relevant period it appears just and proper to grant interest till the date of suit amounting to Rs. 2,400.../respondent has not proved the rate of interest as per market value, the transaction as above took place on 5.9.85 and the suit has been filed on 22.8.88 i.e. approximately, after three years of the...plaintiff/respondent also claimed interest on the said amount. Suit claiming sum of Rs. 26,556.00/- was instituted by the plaintiff/respondent. 3. The defendants/appellants resisted the...

...Instructions Act, the Applicant is entitled to claim interest at 18%, on the subject transaction as it is a commercial transaction. Therefore, rejection of claim insofar as the same relates to payment of ...connection, please advise the basis on which the interest is claimed on the principal debt amount viz., any proof of contract wherein any clause has been incorporated for payment of interest due to...claimed, he has no power to admit the claim for interest. In the light of the rival submissions we have carefully perused the invoices and other material relied on...

...commercial transaction. 3. Not only the aforesaid letter dated 2nd April 1981 (at pages 12 and 13) is clear on the point, but the Respondent Bank itself vide its advertisement dated...entitled to get rebate of 2%. 2. The rebate is, of course, on the rate of interest that will be charged on the amount advanced to clients of the Respondent Bank in respect of a...by_th8m is to be repaid with effect from 2-h-1981, will be granted rebate in interest in all eligible cases. h. So far as the eligibilitv of the Peti- tioners is concerned, no doubt it is disputed, but...

...arising out of a commercial transaction on the principal sum adjudged, so that the existing provision of rate of interest not exceeding 6% may not be exploited by the commercial operator by lending the...Suit of the plaintiff- appellant for recovery of a sum of Rs.24970/- was decreed. The defendant- respondents was burdened with future interest on decretal amount at the rate of 1% per...into consideration the provisions of section 34 cpc reduced the interest on the decretal amount to 6% per annum. The appeal, however, was dismissed. The plaintiff being dissatisfied with the order...

...% per annum on the sum of Rs.5,95,000/-. The transaction between the parties is a commercial transaction. Therefore, interest at the rate of 18% on the principal amount from the date of filing of ...Suit wherein the Plaintiff has sought an order and decree against the Defendant in the sum of Rs. 8,50,531/- with interest at the contractual rate of 24% per annum on the principal sum of Rs.5,95,000....8,50,531/- (Rupees Eight Lacs Fifty Thousand Five Hundred and Thirty One Only) and simple interest at the rate of 18% per annum on the principal amount of Rs.5,95,000/- from the date of filing of the Suit...

.... Evidently, the transaction in question is a commercial transaction and being a commercial transaction we are of the view that the appellant-plaintiff is entitled to interest at 16% per annum ...: (1994 AIR SCW 2472) dealing with a commercial transaction held that it was just and proper that the defendant should pay simple interest at the rate of 16.5% per annum on the principal...adjudged had arisen out of a commercial transaction, the rate of such further insterest may exceed six per cent per annum, but shall not exceed the contractual rate of interest or where there is no...

...interim interest and so far as interest on judgment is concerned that too is also left entirely to the discretion of the court but subject to a limit of 6 per cent. The added proviso only removed the limit imposed by the ma...commercial transaction, interim interest and interest on judgment should be at the contractual rate. We, however, are of the opinion that such a proposition would be too wide and it would not be proper to...including the circumstance that the amount decreed was in respect of a liability arising out of a commercial transaction. Exercise of such discretion must necessarily be judicial and hence reasonable.10. Tested ...

....14. Mr K.K Rai, learned counsel appearing on behalf of the appellant in Civil Appeal No. 3872 of 2003, would, inter alia, contend that transaction being commercial in nature...payment of interest for delay in making the public offer is a commercial transaction.42. While determining the cases of commercial transaction also, fall in rate of ..., which has adversely affected interest of shareholders of target company, it would be just and equitable to direct the acquirer to pay interest @ 15% per annum on the offer price: the acquirer is hereby...

...annum which he has claimed is the market rate for commercial transaction, I am inclined to award the interest at the prevailing rate only which is @ 12% per annum on the decretal amount from the date of...dismissed. Application is disposed of accordingly.”4. On the said date itself, a final judgment and decree was passed for a sum of Rs 2,83,987 with interest at the...Civil Judge, Karkardooma, Delhi was allowed.3. The appellant herein filed a suit which was marked as Suit No. 303 of 2004 for recovery of a sum of Rs 2,93,987 with interest...

...controlling interest, which is purely a commercial concept; and tax is levied on the transaction, not on its effect.A. Lifting the veil — Tax laws2.... Hutchison Group, with the commercial purpose of consolidating its interest in various countries, incorporated CGP Investments Holding Ltd. (for short “CGP”) in the Cayman Islands as a WOS on 12-1-1998...instance of HTIL. On 11-2-2007, UBS Ltd., UK issued fairness opinion in relation to the transaction for acquisition by Vodafone from HTIL of a 67% effective interest in HEL through the acquisition of...

...plaintiff leaves the matter of instalments to Court, but says that the plaintiff is entitled to interest on the commercial transaction. 19. Considering the nature of the...appellant's affidavit in the trial court: “The entire case of the petitioner is based on a purported admission on behalf of the respondent towards alleged loan transaction...transaction of Rs. 2 crore, against which some amounts had been received and the balance amount due was in excess of Rs. 2.25 crore. The plaintiff relied on certain documents pertaining to the...