Bombay High Court
Ganpat Sannappa Mirje
Versus
Bhagawati Sahakari Sakhar Karkhana Ltd.
Decided On:

Headnote:Section 91-Civil Procedure Code, 1908-Section 34-Contractual liability-Breach of contract-Suit for damages-Claim of interest on damages-Society, a sugar factory-Defendant, a businessman failed to lift sugarcane on acceptance of tender-Re-sale of sugarcane bags by Society (sugar factory)-Dispute filed for loss suffered by re-sale-Applicability of Section 34, C.P.C-Held, 9% interest allowed by the trial Judge upheld-Though contractual liability is to pay interest from the date of breach of the Contract, but the trial Judge not allowed it till filing of the suit-Section 34, C.P.C, not to apply for restricting the claim-Discretion of the Court for intervening period-(Co-operative Society-Contract-Breach of contract-Suit for Damages-Future Interest-Question of).

       For Citation : 1989 CTJ 556