fa670.05.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR First Appeal No. 670/2005 P. Radhakrishnan @ Rajan s/o A.P. Nair & ors. ..vs.. M/s. Nagpur Steel & Alloys Pvt. Ltd. thr. Its Director Dr. Premansu s/o Late Mahadev Banerjee & ors. Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr. S. V. Naik, Advocate for appellant. Coram: R. K. Deshpande, J. Date : January 5, 2010 1. Heard Mr. Naik, learned counsel for the appellants. 2. This appeal challenges judgment and decree dated 16.09.2005 passed by learned 5th Jt. Civil Judge Senior Division, Nagpur in Special Civil Suit No. 90/1985. Operative part of the judgment of Court below is reproduced as under:- “1. The suit is decreed with costs. 2. All the defendants are jointly and severally liable to pay amount of Rs. 5,22,198.82/- to the plaintiff within 6 months from the date of order. They are also liable to pay future interest at the rate of 6% p.a. from the date of suit till realisation of entire amount. 3. Decree be drawn accordingly.” fa670.05.odt 2 . 3. Mr. Naik, learned counsel for the appellants invited my attention to finding recorded in para 21 of the impugned judgment. It has been held by the trial Court that the plaintiff has succeeded in proving outstanding unpaid price of goods to the tune of Rs. 4,20,174.16/-. It has further been held that the plaintiff is entitled to future interest on the outstanding amount and hence the defendants are liable to pay future interest at the rate of 6% p.a. from the date of suit till its realisation. According to Mr. Naik, the amount of Rs. 5,22,198.82/- for which the decree is passed by trial Court, the amount of interest at the rate of 6% p.a. on the sum of Rs. 4,20,174.46/- is included and, therefore, the later part of the operative order reproduced above holding the defendants liable to pay future interest at the rate of 6% p.a. from the date till its realisation was unwarranted as it would amount to directing payment of interest over the interest. He relied upon the Full Bench in Union Bank of India ..vs.. Dalpat Gaurishankar Upadyay; AIR 1992 BOMBAY 482 (Full Bench). 4. Notice on this appeal was issued on 31.03.2006, which was made returnable in six weeks. All the fa670.05.odt 3 . respondents are served. However, none appeared on their behalf. In view of the fact that this Court has passed order of issuance of notice and not notice before admission, in my opinion, it is not necessary to issue fresh notice to the respondents and the matter can be disposed of finally. 5. After going through the judgment and decree passed by trial Court impugned in this appeal, it is apparent that the amount adjudicated towards price of goods is of Rs. 4,20,174.46/-. The defendants are held liable to pay future interest at the rate of 6% p.a. from the date till its realisation. Hence, amount of Rs. 5,22,198.82/-, for which the decree is passed, includes the amount of interest at the rate of 6% p.a. from the date till date of decision by trial Court on 16.09.2005. In view of this, the latter part of the order passed by trial Court needs to be modified and it is held that the defendants shall be liable to pay future interest at the rate of 6% p.a. on the principal sum of Rs. 4,20,174.46/- with effect from 16.09.2005 till the date of realisation of the amount. Hence, the decree passed by learned 5th Jt. Civil Judge Senior Division, Nagpur on 16.09.2005 in Special Civil Suit No. 90/1985 stands modified as under:- fa670.05.odt 4 . “1. The suit is decreed with costs. 2. All the defendants are jointly and severally held liable to pay an amount of Rs. 5,22,198.82/- to the plaintiff within a period of six months from the date of judgment i.e. from 16.09.2005. 3. The defendants shall also be liable to pay future interest at the rate of 6% p.a. from the date of judgment i.e. from 16.09.2005 till its realisation on the amount of Rs. 4,20,174.46/-.” The appeal is, thus, partly allowed. No order as to costs. J UDGE kahale