CENTRAL BANK OF INDIA versus RAVINDRA AND ORS.
Principal sum actually advanced with capitalised interest at periodical rests constitutes 'principal sum adjudged'; this sum is the 'such principal sum' on which pendente lite and post-decree interest may be awarded. Penal interest cannot be capitalised. RBI directions are binding in suits by banking institutions.
Source-derived case information.
- Parties
- Appellant: Central Bank of India; Respondent: Ravindra; Respondent: Others
- Jurisdiction
- India
- Judgment Date
- 18 October 2001
- Procedural Posture
- Civil Appeal/special Leave Petition / Appeal Decided; Reference Answered; Appeals and Slps Disposed
- Outcome
- Appeals disposed; reference answered
- Legal Topics
- Recovery of Money, Interest on Loans, Interpretation of Statutes
Source-derived case record
Summary, issues, holding and outcome
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Parties
Central Bank of India
Appellant
Ravindra
Respondent
Others
Respondent
Procedural Posture
Civil Appeal/special Leave Petition / Appeal Decided; Reference Answered; Appeals and Slps Disposed
Legal Issues
- 1 Meaning of 'principal sum adjudged' and 'such principal sum' under Section 34(1) of Code of Civil Procedure, 1908
- 2 Legality of interest capitalisation and periodical rests in banking suits
- 3 Whether penal interest can be capitalised
Ratio Decidendi
Principal sum actually advanced with capitalised interest at periodical rests constitutes 'principal sum adjudged'; this sum is the 'such principal sum' on which pendente lite and post-decree interest may be awarded. Penal interest cannot be capitalised. RBI directions are binding in suits by banking institutions.
Court Disposition
Appeals disposed; reference answered
Orders
- Let all appeals and SLPs be placed before appropriate Bench for decision
Full Case Text
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