Venkatesh Cons. Company Vs. Karnataka Vidyuth Karnataka Ltd.
The Code of Civil Procedure, 1908 - Section 34
Decretal Amount - Interest - Trial court directed the respondent to pay a sum of Rs.3,23,000/- to the appellant with interest at the rate of 12% per annum from the date of suit till the date of realization - To award interest from the date of suit to date of decree and from the date of decree till the date of realization is entirely discretionary - Terms of the contract do not specify any rate of interest - Having regard to the fact that the matter is pending for over two decades and in the interest of justice, it is appropriate that the interest of 12% per annum awarded by the trial court is reduced to 6% per annum.
The Code of Civil Procedure, 1908 - Section 96
First Appeal - Findings of Facts - Appellate Court may not interfere with the finding of the trial court unless the finding recorded by the trial court is erroneous or the trial court ignored the evidence on record - High Court reversed the decree passed by the trial court without discussing oral and documentary evidence and several grounds raised before the trial court - High Court veered away from the main issue and went on to elaborate on the law of arbitration and the mode of setting aside the arbitral award under Section 34 of the Arbitration Act, which was not warranted -Without considering the oral and documentary evidence, the High Court erred in interfering with the factual findings recorded by the trial court and the impugned judgment is liable to be set aside.
Topic(s)-Civil Procedure - First Appeal - Findings of Fact - Setting aside of decree by HC set aside