IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR SECOND APPEAL NO. 255 OF 2010 Muntezarkhan s/o Kalekhan & Another Vs. Dewan Housing Finance Corporation Ltd. thr Branch Manager Ganeshg G. Kulkarni =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Shri C. A. Joshi Adv for appellants. C ORAM : SMT. VASANTI A NAIK,J. DATED : 14 th June, 2010. Heard Shri Joshi learned counsel for the appellant. Appellant is the original defendant. A Suit was filed by the plaintiff for recovery of an amount of Rs. 1,66,700/- with interest at the rate of 24% P. A. According to plaintiff, plaintiff had advanced a loan of Rs. 90,000/- to the defendants which was payable in three instalments with interest at the rate of Rs. 14.7% P. A. and with penal interest at the rate of 21.6% P. A. in case of failure to pay the loan amount by the three stipulated instalmets. Defendants denied the case of the plaintiff. They however admitted that they had obtained a loan of Rs. 90,000/- from the plaintiff. The Rate of interest and the execution of the documents was however denied. The defendants pleaded 2 that the suit was barred by limitation and sought for dismissal of the suit. The Trial Court dismissed the suit filed by the plaintiff on the ground of limitation. The Trial Court however held that the plaintiff succeeded in proving that plaintiff had advanced a loan of Rs.90,000/- to the defendants and defendants had failed to repay the suit loan. The Court held that the defendants 3, 4 and 5 were guarantors to the transaction . The First Appellate Court reversed the findings recorded by the Trial Court od the issue of limitation and held that the suit filed by the plaintiff was not barred by provisions of the Limitation Act. The First Appellate Court maintained the other findings recorded by the Trial Court in favour of the plaintiff and decreed the suit of the plaintiff for an amount of Rs. 1,66,700/- with future interest at the rate of 8% P. A. from the date of institution of the suit till the date of realisation of the amount. The only submission made on behalf of the appellant that the First Appellate Court was not justified in awarding 8% interest on the amount of Rs. 1,66,700/- and the Appellate Court could have awarded interest only on the principal amount of Rs. 90,000/- is liable to be 3 rejected on a reading of the provisions of Section 34 of the Civil Procedure Code. On reading of the provisions of Section 34 it is clear that the first appellate Court could have awarded interest on the amount of Rs. 1,66,700/- which was claimed by the plaintiff in the particulars of claim. Since no substantial question of law arises for consideration in the second appeal, the same is dismissed with no order as to costs. JUDGE SVK