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PETITIONER: CENTRAL BANK OF INDIA

       Vs.

RESPONDENT: RAVINDRA & ORS.

DATE OF JUDGMENT:       07/05/1996

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. FAIZAN UDDIN (J) G.B. PATTANAIK (J)

CITATION:  JT 1996 (5)   589        1996 SCALE  (5)13

ACT:

HEADNOTE:

JUDGMENT:                             WITH SPECIAL LEAVE PETITION (C) NOS. 3954/94, 9082 AND 9088/1995                             AND             CIVIL APPEAL NOS. 3964, 3967 OF 1992                          O R D E R      After  hearing  learned  Attorney  General  and  amicus curaie S/Shri  A. Subba Rao, Ranjit Kumar and K.M.K. Nair on (the interpretation  of the provisions of Section 34, CPC on "the principal  sum adjudged"  the matter  is requited to be considered by  a Constitution  Bench. The  learned  Attorney General has  drawn our  attention to  the judgments  of this court in  Corporation Bank vs. D.S. Gouda & Ors. [(1994) SCC 213] and  Bank of  Baroda vs.  Jagannath [C.A.  No. 2785/87] decided on  September 21,1994  wherein he sought to draw the deduction that  the principal sum adjudged and the principal sum mentioned  later would  be the  same. He  seeks to  take support from  the word  "such" in support of his contention. preceding  Amendment   Act  66   of  1956,  the  words  were "aggregate  sum  so  adjudged"  and  after  Amendment,  were substituted with  the words  "the principal  sum  adjudged", from the  date of  the suit  to the  date of  the decree, in addition to  any interest  adjudged on  such "Principal sum" fro any  period prior  to the  institution of the suit (with further interest  on such date as the court deems reasonable on the "Principal sum"). The distinction, therefore, was not drawn to  the attention  of this  court in the aforesaid two judgments in  particular later one. As a fact on argument in this behalf  appears to  have been conversed. Interpretation of the  liability of  the borrower  to pay  interest on  the principal sum  to include  interest that  became merged with the principal  sum adjudged  or principal  sum as  lent,  is required to  be authoritatively laid down by a Bench of five judges.      The Registry  is directed  to place  the matter  before Hon’ble Chief  justice  fro  constituting  the  Constitution

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Bench.