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2018 DIGILAW 1428 (SC)

Rajkot Commercial Cooperative Bank Ltd v. Kothari Ramaben Dhirajlal

2018-09-04

K.M.JOSEPH, NAVIN SINHA, RANJAN GOGOI

body2018
JUDGMENT 1. Leave granted. 2. The learned Gujarat State Cooperative Tribunal; learned single judge of the High Court and the Division Bench of the High Court in Letters Patent Appeal has thought it proper to overturn the grant of compound interest in favour of the appellant Bank by the Board of Nominees and instead awarded simple interest at the rate of 14.5 per cent per annum. The basis for the aforesaid decision appears to be that there is no clause in the agreement between the parties providing for compound interest. 3. On the face of it, the aforesaid conclusion is erroneous in view of clause 5 of the agreement dated 18th May, 1995 by and between the parties. Clause 5 of the agreement dated 18th May, 1995 reads as under: "5. The interest on the sanctioned loan shall be calculated and charged every three months i.e. 30th September, 31st December, and 31st March and 30th June at the prevailing rate of interest at that time and every time such accrued interest shall be added to the principal amount and the penal interest at the rate of 2 per cent per annum shall be charged on the overdue installment, if any." 4. We have also been taken through the prayers made in the plaint wherein compound interest has been specifically prayed for at the rate of 14.5% per annum with additional 2% penal interest. 5. In view of the above we can find no justification for the view taken by the forums mentioned above awarding simple interest. We accordingly modify the order of award of simple interest and direct that compound interest at the rate of 14.5% per annum and penal interest at the rate of 2% in terms of clause 5 of the agreement dated 18th May, 1995 shall be payable by the respondents to the appellant Bank. We make it clear that the award of 2% penal interest will be in accordance with the decision of the Constitution Bench of this Court in Central Bank of India vs. Ravindra and others , (2002) 1 SCC 367 [Para 38]. 6. The appeal shall stand disposed of in terms of the above.