Calcutta High Court (Appellete Side)
Sri S. P. Ghosh vs Sri Tarapada Bhowmick & Anr on 5 May, 2022
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 appellant
decree-holder for modification of the judgment and
decree passed on July 16, 2014 allowing his appeal
being FA 91 of 2007. The operative portion of the
judgment reads as follows:
" In view of the aforesaid
discussion this appeal succeeds. The
impugned judgment and decree dated 30th
November, 2006 passed by the Court of
Civil Judge (Senior Divison), Second
Court at Howrah is set aside. We
proceed on the basis of the admission of
the defendants in their written
statement and pass a decree for
Rs.5,70,782/- in favour of the
plaintiff. There appears to be some
doubt as to whether or not the loan that
was advanced by the plaintiff was agreed
to be interest free. However, in view
of the fact that the plaintiff has been
deprived of his legitimate dues for a
long period of time, we feel that for
the ends of justice some interest should
be granted to the plaintiff.
Accordingly, the decreetal amount shall
carry interest at the rate of 8 per cent
per annum from the date of institution
of the suit i.e. 23.08.2004 till the
repayment of the decreetal amount by the
defendants to the plaintiff. "
Learned advocate for the applicant says that the
last sentence of the operative portion of the judgment
quoted above is creating confusion since no date has
been indicated within which the decreetal amount is
required to be paid by the judgment-debtors. The
execution proceedings initiated by the applicant before
the learned trial Court are being resisted on this
ground by the judgment-debtors.
We do not find any necessity of modifying the
judgment and decree. There is absolutely no
confusion in the matter. The decree requires the
defendants/judgment-debtors to make payment of the
decreetal amount immediately upon pronouncement of
the decree along with interest from the date of
institution of the suit. If the judgment-debtors make
delay in payment of the decreetal amount, then they
will have to pay interest from the date of institution of
the suit till the date of payment. That is the whole
import and intent of the decree which we clarify.
The application is, accordingly, disposed of.
All parties shall act on the server copies of this
order duly downloaded from the official website of this
Court.
Urgent photostat certified copies of this order, if
applied for, be supplied to the parties on compliance of
necessary formalities.
(Kausik Chanda, J.) (Arijit Banerjee, J.)
