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1992 Supreme(Kar) 50

B. S. RAJPUT – Appellant
Versus
CELLAR – Respondent


Advocates:
H.S.DWARAKANATH, S.GANESH SHENOY

K. A. SWAMI, J.

( 1 ) AT the stage of admission respondents are served. Respondent No. 2-contesting respondent is also represented through a counsel. As the appeal can be disposed of on a short point even at the admission stage, it is admitted and taken up for final hearing itself.

( 2 ) THE only point that arises for consideration is : whether the trial Court is justified in law in not awarding interest on the suit amount for the period from 28-10-1984 to 8-10-1985.

( 3 ) FACTS necessary for the purpose of deciding this question are no more in dispute.

( 4 ) THE plaintiff-appellant advanced in all a sum of Rs. 55,000/-, the receipt of which was acknowledged by the defendants under the receipts produced as per Exts. P-1 to P-3. The trial Court refused to award interest for the aforesaid period even though the plaintiff-appellant claimed interest as per registered notice Ext. P-4 on the ground that Exts. P-1 to P-3 did not provide for payment of interest. In other words, according to the learned trial Judge there was no agreement between the parties regarding payment of interest. It is true and it is also not disputed before us that there was no agreement between the parties regardi











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