1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.414 OF 2009 WITH CIVIL APPLICATION NO.1392 OF 2009 Anand Sharad Joshi )..Appellant Vs. M/s.Zumbarlal Mohanlal Lalwani & Co. )..Respondents ---- Mr. G.H.Keluskar for the appellant. Mr. Amol A. Deshpande for the respondents. ---- Coram : R.S.MOHITE,J Date : 22nd January, 2010 PC 1 This is an Appeal filed by the original defendant impugning a money decree passed by the 6th Addl. Judge, Small Causes Court, Joint Civil Judge, S.D., Pune on 6.2.2007. The only point that is raised is that the Court ought not to have directed the defendant to pay amount of Rs.17,000 as interest for the period prior to the execution of the suit. Reliance is placed upon the Division Bench judgment of this Court in the case of Badrinarayan B. Somani Vs. Vinodkumar K. Shah reported in 2008(6) Bom. C.R. 273. On perusal of the said judgment it is seen that what the Division Bench held was that under Section 34, in respect of the first stage i.e payment of the amount till the filing of the suit, interest could not be made payable on the principal amount adjudged. The Division Bench has however said that interest could be made payable on “principal amount” for the first stage. In the present case, interest has been awarded on the principal amount. Though Division Bench 2 in that case did not grant interest prior to the date of filing of the suit, the Division Bench observed, that this was a matter of discretion. In my view, no substantial question of law is involved in this Second Appeal and therefore, Second Appeal is dismissed. CIVIL APPLICATION NO.1392 OF 2009 1 As the Second Appeal is dismissed, Civil Application does not survive and stands disposed off accordingly. (R.S.MOHITE,J) 3