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2001 Supreme(Raj) 880

S.P.BHARUCHA, K.T.THOMAS, R.C.LAHOTI, N.S.HEGDE, S.N.VARIAVA
Central Bank of India – Appellant
Versus
Ravindra – Respondent


Advocates Appeared:
Harish N. Salve, Solicitor General, Rakesh Dwivedi, K.N. Bhat, Sr. Advocates. Ranjit Kumar, Sr. Advocate (AC). J.B. Dadachanji & Co., Advocates. Janendra Lal, Yasmin Tarapore, Siddarth Goswami, Siddharth Choudhary, Aprajita Singh, Gayatri Goswami, Prikesh

Honble Lahoti, J.–What is the meaning to be assigned to the phrases ``the principal sum adjudged and ``such principal sum as occurring in Section 34 of the Code of Civil Procedure, 1908 [as amended by the Code of Civil Procedure (Amendment) Act (66 of 1956) w.e.f. 1.1.19571, a question of frequent recurrence and having far reaching implications in suits for recovery of money, specially those filed by banking institution 1 s against their borrowers, has been referred by a three Judges Bench of this court to the Constitution Bench.

(2). It will be useful to reproduce the order of reference dated 7.05.1996 [since reported as ((1996) 5 SCC 279) (1) so as to highlight the nature and scope of controversy arising for decision before the Constitution Bench

``ORDER

After hearing learned Attorney General and amicus curiae S/Shri A. Subba Rao Ranjit Kumar and K.M.K. Nair on (the interpretation of the provisions of Section 34 CPC on ``the principal sum adjudged the matter is required to be considered by a Constitution Bench. The learned Attorney General has drawn our attention to the judgments of this Court in Corpn. Bank vs. D.S. Gowda and Bank of Baroda vs. Jagannath Pigment & Chem. wherein lie

































































































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