AI Overview...
-
Decreetal Amount Includes Interest - The decree amount awarded by courts typically includes both the principal amount and the interest accrued thereon. Courts have clarified that the amount payable under a decree encompasses interest, costs, and other awarded sums, and courts have directed parties to pay court fees on the entire decreetal amount, including interest Managing Director, Odisha State Financial Corporation VS Gita Devi - Orissa, 02200038565.
-
Liability and Recovery of Decreetal Amount with Interest - In cases involving debt recovery, the entire decretal amount, which includes the principal and interest, is considered the liability. The debt recovered through court proceedings often comprises both the principal and interest, and courts have affirmed that the amount claimed or awarded is inclusive of interest A. Abdul Hameed VS Syndicate Bank - Karnataka.
-
Court Orders and Payment of Decreetal Amount with Interest - Courts have mandated defendants to pay the full decretal amount with interest within specified timelines. Failure to comply can lead to penalties, and interest is awarded from the date of decree or judgment until payment. In some cases, interest rates are specified or modified by appellate courts CANDLEWOOD HOLDINGS LTD. VS ALLAHABAD BANK - Calcutta, Saurabh Gupta VS Hasti Petro Chemical and Shipping Ltd. , through its Director Ruchirparakh - Rajasthan.
-
Interest on Surplus or Realized Amounts - When assets are sold or surplus funds are realized, the bank or creditor is entitled to recover the decretal amount, including interest, from the proceeds. Excess amounts paid or surplus funds are subject to interest calculations, and courts have clarified that the interest includes the period from the date of adjudication or sale until realization Official Liquitor of Gujarat Ministeel Ltd. VS Central Bank of India - Gujarat.
-
Court Fees and Interest - Court fees are payable on the entire decretal amount, including interest, as it forms part of the total award. This principle has been upheld in appellate decisions, emphasizing that interest is integral to the decretal amount for fee calculation purposes Managing Director, Odisha State Financial Corporation VS Gita Devi - Orissa.
-
Interest Rate and Reasonableness - Courts have set or modified interest rates awarded on decreetal amounts, ensuring they are reasonable and within statutory limits. Excessive interest rates, such as 24%, can be challenged and set aside if deemed unreasonable Jang Singh VS Smt. Dharamjit Kaur - Punjab and Haryana.
-
Specific Cases and Interest Awarded - In consumer disputes or contractual cases, courts have awarded interest at specified rates (e.g., 24%) on the decretal amount from the date of filing or payment, emphasizing that interest is an integral part of the decree and recoverable amount R. P. Gupta VS Parsvnath Developers Ltd. - Consumer.
Analysis and Conclusion:
The consistent legal principle across these sources is that the decretal amount awarded by courts includes both the principal sum and the accrued interest. Parties are liable to pay the entire decretal amount, including interest, and courts have emphasized that interest forms an essential component of the total award. Court fees are also payable on the entire amount, and interest rates should be reasonable and within statutory limits. This understanding ensures clarity in recovery proceedings and enforces the full realization of decrees, including interest components.
Search Results for "Decreetal Amount Includes Interest"
2019 0 Supreme(Ori) 86 • India - Orissa
A.K.RATH
are liable to pay court fees on the decreetal amount, including the interest awarded, as it forms a part of the decreetal amount ... The appellate court directed the appellants to pay court fees on the decreetal amount, including the interest awarded. ... The trial court decreed the suit in part, directing the defendants to pay the decreetal amount with annual compound interest. ... Mishra, learne....
2013 0 Supreme(Kar) 334 • India - Karnataka
MOHAN M.SHANTANAGOUDAR
From the above, it is clear that ‘debt’ means any liability inclusive of interest which is claimed by respondent No.1 bank as due from any person by the bank or a financial institution. Therefore, it is clear that debt is nothing but entire decreetal amount, which includes interest also. ... The principle amount was Rs.5.00 lakh. The bank filed suit in O.S.No.167/1993 for recovery before the Civil Court (Sr.Dn.), Mangalore for recovery of Rs.9,77,380/- which included ....
2008 0 Supreme(Guj) 485 • India - Gujarat
K.A.PUJ
amount with interest from the surplus amount - Once the adjudication is done by the Debt Recovery Tribunal, there is no question ... adjudication and once the claim has been adjudicated and there is surplus fund, the respondent No. 1 Bank is entitled to get the decreetal ... realised by the sale of fixed assets - An excess amount paid to the Secured Creditors of the Company by the Official Liquidator ... He has further submitted that the respondent No. 1 Bank cannot claim the decreetal....
2024 0 Supreme(Guj) 160 • India - Gujarat
DEVAN M. DESAI
It also observed the petitioner's conduct in not complying with the court's order to deposit the decree amount. ... The decreetal amount means the amount with interest and costs which have been awarded to the plaintiff. However, the learned advocate for the petitioner has submitted that the amount of decree means only the amount which has been awarded in the judgment and does not include the interest and costs. ... Whenever the #HL_....
2015 0 Supreme(Ori) 351 • India - Orissa
KRUSHNA RAM MOHAPATRA
Case Non. 286 of 2013, the decreetal amount of Rs. 19,64,985/-, which includes compensation amount, interest accrued and cost, has already been deposited in the executing court by the appellant-company. Hence, there would be no difficulty in realizing the decretal amount, if occasion arises. ... Accordingly, on depositing the aforesaid amount in the executing court, the warrant of attachment has been stayed. ... 9. Mr. A. ... As such, the defendant-c....
2006 0 Supreme(Cal) 684 • India - Calcutta
ARUN KUMAR BHATTACHARYA
The defendant is directed to pay the said decreetal amount with cost to the plaintiff within one month from date, failing which the ... U etc.) includes its successors-in-interest and/or assigns and shall also mean and include Calcutta Credit Corporation ltd. which ... Defendant made part payment towards hire-charges for furniture and fixtures upto December, 1995 leaving an amount of Rs. 2,40,475 ... Interest on the amount of hire charges could not b....
2008 Supreme(Online)(KER) 39169 • India - High Court of Kerala
K.P.BALACHANDRAN, J
The respondent sought recovery of the amounts paid along with interest, leading to a trial court decree and subsequent appeal which ... modified the interest rate awarded. ... Interest - Loan Recovery - C.P.C Section 34 - The court clarified the appropriate interest rates applicable to loan recovery cases ... On appeal by the first defendant the first appellate court vide judgment in A.S.103/02 modified the above decree holding that the interest to which the first respondent/plaintiff ....
2019 0 Supreme(P&H) 1714 • India - Punjab and Haryana
H.S.MADAAN
Executing Court allowed interest at 24% on the advance amount. ... Revision petition was filed challenging the order allowing interest at 24%. ... The Executing Court's order allowing interest at 24% was set aside as it exceeded the reasonable rate under Section 34 CPC. ... After calculation of the principal amount and interest amount alongwith costs, total amount comes to Rs. 4,19,600/- which includes counsel fees and expenses for ....
• India - Consumer
SANGITA DHINGRA SEHGAL, PINKI
Consumer Protection Act, 1986 – Sections 2(1)(d), 2(1)(g) – Consumer – ”Deficiency” – Failure in Allotment of Plot – Refund of amount ... is delivered beyond 42 or 48 months by builder, them deficiency on part of builder stands proved – OP directed to refund entire amount ... jurisdiction of this Commission & no bar with respect to jurisdiction of this Commission to entertain cases relating to refund of amount ... b) Pay pendent lite interest @ 24% p.a. on Rs. 28,13,300/- from the date of filing the present Complaint ....
2024 0 Supreme(Raj) 773 • India - Rajasthan
PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN
The court found that the machinery supplied was defective, justifying the award of damages to the plaintiff, including interest ... Issues: The key issues included whether the damages awarded required interference, if the suit was barred ... Therefore, the plaintiff is directed to return the vehicle on payment of decreetal amount. 23) The court below awarded interest from the date of payment of invoice amount of the vehicle till the date of deposit. There is no such agreement to grant....
Filter by Legal Phrase
