Search Results for "Section 34 CPC"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
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Search Results for "Section 34 CPC"

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High Court

High Court of Karnataka Allows Writ Petition of Contractor Against BBMP for Payment of Pending Bills — Communication Rejecting Claim Quashed and Mandamus Issued for Payment with Interest. The court held that BBMP, as a State under Article 12, cannot arbitrarily withhold payment for completed and certified work, and directed payment of bills with 12% interest per annum.

22 Nov 2023

The petitioner, M/s. OM SLV Constructions, a proprietary concern represented by its proprietor Sri Venkatesh V., filed a writ petition under Articles ...

High Court

Bombay High Court Allows Writ Petition Challenging Execution Proceedings for Recovery of Loan Amount — Interest Rate Discrepancy Between Decree and Contract Renders Execution Invalid. The execution application claimed interest at 21% per annum while the decree specified 6% per annum from the date of suit till realization, violating Section 34 CPC and Order 21 Rule 11 CPC.

18 Jun 2019

The petitioner, Rajesh Kishan Khanaj, was the original judgment debtor in a suit filed by the Federal Bank Limited for recovery of a term loan of Rs.1...

High Court

High Court of Bombay at Goa Reduces Interest Rate from 12% to 9% in Contractor's Recovery Suit Against State. The court held that interest under Section 34 CPC must be reasonable and not excessive, reducing the rate to 9% per annum.

8 Feb 2019

The dispute arose out of a contract awarded by the State of Goa to P.B. Ibrahim, a Class I PWD Contractor, for improvement of riding quality of NH-4A ...

High Court

High Court of Bombay at Goa Partially Allows Contractor's Appeal in Contract Dispute Over Interest and Escalation Claims. Court holds that interest under Section 34 CPC is discretionary and that escalation claims not pleaded cannot be awarded.

8 Feb 2019

The dispute arose out of a contract for improvement of riding quality of NH-4A in Goa awarded by the State of Goa to P.B. Ibrahim, a Class I PWD Contr...

High Court

Bombay High Court Dismisses Second Appeal in Debt Recovery Case — Concurrent Findings on Bond and Interest Upheld. Document dated 15th June 2009 held to be a bond under Maharashtra Stamps Act, but no objection on stamp duty raised at trial; interest at 8% p.a. awarded under Section 34 CPC not interfered with.

10 Dec 2015

The appellant, Farookh Ahmed Meman, was the original defendant in a suit filed by the respondent, Kadeer Kadar Meman, for recovery of Rs.5,28,900/- ba...

High Court

Bombay High Court Allows Recovery of Principal with Reduced Interest in Bill Discounting Dispute — Interest Rate of 18% p.a. Granted from Due Date Instead of Claimed 30% p.a. The court held that the plaintiff is entitled to interest at 18% p.a. on the defaulted principal from the due date until suit, and thereafter at 6% p.a. pendente lite and future interest under Section 34 CPC.

20 Mar 2015

The plaintiff, Mahindra & Mahindra Limited, filed a summary suit against NEPC Micon Limited for recovery of Rs. 1.06 crores, comprising a principal su...

High Court

Bombay High Court Partly Allows Appeal in Specific Performance Suit — Modifies Interest Rate on Refund of Earnest Money. Court holds that in absence of pleading and evidence of commercial transaction, interest under Section 34 CPC at 6% per annum from date of suit is appropriate, not from date of agreement.

29 Nov 2013

The respondent (original plaintiff) filed a suit for specific performance of a contract for sale of property, or in the alternative, for refund of ear...

High Court

Bombay High Court Allows Appeal Partly, Enhances Interest Rate in Contractual Dispute Due to Unjustified Withholding of Payment by State. Appellant contractor awarded 9% interest instead of 6% for delayed payment under contract with State of Goa.

30 Aug 2013

The appellant, M/s. DECMAE, a construction firm, filed a suit against the State of Goa and the Executive Engineer, Works Division XVII, for recovery o...

High Court

Bombay High Court Dismisses Suit as Infructuous After Full Performance of Construction Contract. Specific Performance Claim Becomes Infructuous When Defendant Constructs and Hands Over All 532 Flats and Plaintiff Accepts Possession, Leaving No Issue for Adjudication Under Order XV Rule 1 CPC.

23 Jul 2012

The plaintiff, National Bank for Agricultural and Rural Development, filed a suit in 1989 against M/s. Shah Thakur & Sons and another defendant seekin...

High Court

Bombay High Court Allows Recovery Suit for Unpaid Work in Machinery Tools Contract — Plaintiff Entitled to Principal Sum with 6% Interest from Filing Date. Court held that plaintiff proved work done and bills submitted, and defendant failed to produce evidence of payment; interest awarded at 6% per annum under Section 34 CPC.

14 Feb 2005

The plaintiff, A.P. Thomas, filed two suits (Suit No. 349 of 1993 and Suit No. 2092 of 1993) against the defendants, Messrs Monarch Machinery Tools Pv...

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