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1995 DIGILAW 674 (SC)

Chiyoda Corporation v. National Fertilisers LTD.

1995-04-28

G.T.NANAVATI, J.S.VERMA, SUJATA V.MANOHAR

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(1) IN spite of notice for final disposal, none appears for the respondents. (2) LEAVE granted. (3) THE only question is whether dismissal of the appellants application made under section 132 read with Section 151 Civil Procedure Code for modification of the decree passed in the suit in the plaintiff-appellants favour calls for any interference. (4) ADMITTEDLY, the plaintiff claimed a decree for a specific amount of money specified in rupees in the relief clause of the plaint together with interest thereon at the rate of 12% per annum for which a decree was passed in its favour. However, by the aforesaid subsequent application made after the passing of the decree, without there being any amendment in the plaint, the appellant prayed for modification of the decree by increasing the amount decreed in terms of rupees on the basis of the rise in the value of Japanese yen in the meantime. This application has been dismissed by the High court. Hence this appeal by special leave. (5) THE decree being admittedly in terms of the relief claimed in the plaint which remains unamended, there is no case for modification of the decree in exercise of the powers under Section 152 Civil Procedure Code by increase of the amount decreed in rupees. There is no scope for grant of this further relief by modification of the decree since it does not arise out of the relief claimed in the plaint. Obviously the inherent powers of the court under Section 151 Civil Procedure Code are also not available in this situation. (6) LEARNED counsel for the appellant submitted that according to the decision in Renusagar Power Co. Ltd. v. Ganesh Electric Co. it is the date of the judgment/decree which is the relevant date for conversion of the amount decreed from foreign to Indian currency. In our opinion, that principle has no application to the facts of the present case where a decree was sought and passed in terms of rupees specified in the relief clause of the plaint. The question of conversion of the foreign currency to Indian currency does not, therefore, arise in the present case. This being so, this appeal must fail. (7) THE appeal is dismissed accordingly