U/o 37
darshan singh
(Querist) 12 February 2013
This query is : Resolved
dear experts please tell me whether interest can be asked u/o 37 from the date of suit filing or it is given from the date of decree if it can be claimed from the date of filing of suit please provide me the judgment on the same.
thanx
dear experts in our case we don't have any agreement we filed case on cheque transaction.
Adv.R.P.Chugh
(Expert) 12 February 2013
Interest can be :-
i) Pre Suit;
ii) During Pendency of the Suit;
iii) From Decree to realisation
Normally 1st is decreed when contract between the parties provides for so.
Second and third : in the discretion of the court and usually in commercial transactions at the rate nationalised banks lend for commerce purposes
R.K Nanda
(Expert) 12 February 2013
it is discretion of court .
ajay sethi
(Expert) 12 February 2013
what are facts of your case . is there any clause of interest in the contract . if no such clause claim interest from date of filing of suit
R.K Nanda
(Expert) 12 February 2013
state full facts to get detailed reply.
Dr J C Vashista
(Expert) 13 February 2013
It depends upon the terms and conditions of the agreement