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1983 Supreme(Bom) 173

G.A.PAUNIKAR
Satyanarayan Umkaolal Agrawal – Appellant
Versus
State Bank of India – Respondent


JUDGMENT - Paunikar G.A. J.-The appellant-original defendant has filed this appeal challenging the judgment and decree dated 31-3-1982 with respect only to the granting of future interest at 10 p.c.p.a, on the decretal amount of Rs. 37,236.57 from the date of suit till realisation,

2. The respondent-original plaintiff Bank filed a suit against the defendant for recovery of Rs. 46,276,51 by sale of mortgaged property of (the defendant. It Appeared that the parties filed a joint pursis Exh. 43 showing the outstanding dues against the defendant inclusive of interest till date of suit at Rs. 37,276.51 and submitted that for this amount decree be passed in favour of the plaintiff and against the defendant. The learned trial Judge passed a decree for this amount against the defendant and in favour of the plaintiff and also awarded interest at 10 p.c.p.a. from the date of suit till realisation along with costs of the suit against the defendant vide judgment and decree dated 31-3-1982. The defendant has challenged in this appeal only the rate at which future interest is granted.

3. The learned counsel for the defendant Shri M. G. Bhangde urged that this suit was filed by the plaintiff on 18-
























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