CIVIL APPEAL None on 23 August 2004

21. 05-05-2022

debajyoti

(Ct. no.06)

FA 91 of 2007

+

IA NO:CAN/2/2018 (Old No:CAN/8364/2018)

Sri S. P. Ghosh

Vs.

Sri Tarapada Bhowmick & Anr.

Mr. Arijit Bardhan,

Mr. Sayan Sinha,

Mr. Rishabh Dutta Gupta

… For the Appellant/Applicant.

Mr. Kaushik Dey,

Mr. Soumyajit Mishra

… For the Respondents.

Re : CAN/8364/2018

Supplementary affidavit and the affidavit-of-service filed in court be taken on record.

This application has been filed by the appellantdecree-holder for modification of the judgment anddecree passed on July 16, 2014 allowing his appealbeing FA 91 of 2007. The operative portion of thejudgment reads as follows:

“ In view of the aforesaiddiscussion this appeal succeeds. Theimpugned judgment and decree dated 30[th]November, 2006 passed by the Court ofCivil Judge (Senior Divison), SecondCourt at Howrah is set aside. Weproceed on the basis of the admission ofthe defendants in their writtenstatement and pass a decree forRs.5,70,782/- in favour of theplaintiff. There appears to be somedoubt as to whether or not the loan thatwas advanced by the plaintiff was agreedto be interest free. However, in viewof the fact that the plaintiff has beendeprived of his legitimate dues for along period of time, we feel that for the ends of justice some interest shouldbe granted to the plaintiff.Accordingly, the decreetal amount shallcarry interest at the rate of 8 per centper annum from the date of institutionof the suit i.e. 23.08.2004 till therepayment of the decreetal amount by thedefendants to the plaintiff. ”

Learned advocate for the applicant says that thelast sentence of the operative portion of the judgmentquoted above is creating confusion since no date hasbeen indicated within which the decreetal amount isrequired to be paid by the judgment-debtors. Theexecution proceedings initiated by the applicant beforethe learned trial Court are being resisted on thisground by the judgment-debtors.

We do not find any necessity of modifying thejudgment and decree. There is absolutely noconfusion in the matter. The decree requires thedefendants/judgment-debtors to make payment of thedecreetal amount immediately upon pronouncement ofthe decree along with interest from the date ofinstitution of the suit. If the judgment-debtors makedelay in payment of the decreetal amount, then theywill have to pay interest from the date of institution ofthe suit till the date of payment. That is the wholeimport and intent of the decree which we clarify.

The application is, accordingly, disposed of.

All parties shall act on the server copies of thisorder duly downloaded from the official website of thisCourt.

Urgent photostat certified copies of this order, ifapplied for, be supplied to the parties on compliance ofnecessary formalities.

(Kausik Chanda, J.) (Arijit Banerjee, J.)