B. SIVANANDA versus THE ANDHRA BANK LTD. AND ANR.

B. SIVANANDA versus THE ANDHRA BANK LTD. AND ANR.

An aggrieved party need not file appeal or review for correction of clerical or arithmetical errors in a judgment or decree; under Section 152 CPC, such errors may be corrected at any time by the court. In this commercial loan case, the appellant is liable to pay simple interest at 16½% per annum on the principal amount from date of decree till realisation, as per the contracted rate, confined to the peculiar facts of the case.

Parties
Appellant: SJVANANDA; Respondent No. 1: The Andhra Bank Ltd.
Jurisdiction
India
Judgment Date
18 March 1994
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Judgment
Outcome
Appeal disposed of; allowed to extent of permitting payment of balance and future interest within six months; no costs.
Legal Topics
Correction of Judgment/decree/order, Interest Award, Commercial Loan Transactions
Civil Procedure Banking Law Correction of Judgment/decree/order Interest Award Commercial Loan Transactions

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Parties

SJVANANDA

Appellant

The Andhra Bank Ltd.

Respondent No. 1

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Whether correction of judgment/decree/order regarding interest requires appeal or review under Section 152 CPC
  2. 2 Entitlement to interest at contracted rate after decree under Section 34 CPC

Ratio Decidendi

An aggrieved party need not file appeal or review for correction of clerical or arithmetical errors in a judgment or decree; under Section 152 CPC, such errors may be corrected at any time by the court. In this commercial loan case, the appellant is liable to pay simple interest at 16½% per annum on the principal amount from date of decree till realisation, as per the contracted rate, confined to the peculiar facts of the case.

Court Disposition

Appeal disposed of; allowed to extent of permitting payment of balance and future interest within six months; no costs.

Orders

  • Appellant shall pay balance amount along with future interest at 16½% per annum within six months.
  • In event of default, benefit of this judgment not available to appellant.