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1989 Supreme(HP) 52

N.M.KASLIWAL, V.K.MEHROTRA, V.P.BHATNAGAR
HIMACHAL PRADESH FINANCIAL CORPORATION – Appellant
Versus
TOURIST HOTEL AND RESTAURANT – Respondent


Advocates Appeared:
In F. A. O. No. 108 of 1982: For the appellant :Shri D. K. Khanna, Advocate. For the respondents:Shri K. D. Sood, Advocate. In F. A. O. No. 130 o/1982: For the appellant :Shri Rakesh Kanwar, Advocate. For the respondents:Shri Chhabil Dass and Mrs P. Malhotra, Advocates. In F. A. O. No. 42 of 1978: For the appellants :Shri Indar Singh, Advocate. For the respondents:M/s. D. K. Khanna and K. D. Sood, Advocates.

JUDGMENT

N. M. Kasliwal, C. J.—We would narrate the facts of F. A. O. No. 108 of 1982, as the order of reference has been made initially in the above appeal.

2. Himachal Pradesh Financial Corporation (hereinafter referred to as the Corporation) filed a petition under section 31 of the State Financial Corporation Act, 1951 (in short the Act), in the court of District Judge, Dharamsala on October 28, 1972. According to the Corporation, an amount of Rs. 56,320.97, including interest, had fallen due against the respondents. The Corporation also claimed future interest from the date of the petition to the date of payment in accordance with the terms of the agreement. The learned District Judge by his order dated August 5, 1982 disallowed the claim of the appellant for future interest placing reliance on a Division Bench Judgment of this court in Himachal Pradesh Financial Corporation v. M[s. Himachal Printing Press, F. A. O. No. 73 of 1980, decided on August 26, 1980. Aggrieved against the above order of the District Judge, the Corporation filed the above appeal.

3. The matter came up for admission before a learned Single Judge of this court on September 17, 1982. Mr. Khanna, learned Couns
















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