R.P. David and Co. Vs. S. Ramachandran and anr. - Court Judgment
|Court||Supreme Court of India|
|Case Number||Civil Appeal Nos. 1735-1736 of 1968|
|Judge|| A.C. Gupta and; V.R. Krishna Iyer, JJ.|
|Reported in||AIR1978SC1541; (1978)2SCC681|
|Acts||Madras Motor Vehicles Rules - Rule 155A|
|Appellant||R.P. David and Co.|
|Respondent||S. Ramachandran and anr.|
- section 34: [s.b.sinha & dr.mukundakam sharma,jj] award of interest by way of damages held, it is not permissible except in cases where money due is wrongfully withheld and there are equitable grounds therefore.
section 34: [s.b.sinha & dr.mukundakam sharma,jj] interest on delayed payments to small scale and ancillary industrial undertakings act, 1993, sections 3,4 & 5: applicability of act held, act is not retrospective. it does not apply to transactions which took place before commencement of act. in case of recovery suit pending on date of commencement of act, the interest payable would only be as per section 34 of c.p.c., order granting interest @ 18% was modified to the extent that pendent elite and future interest at the rate of 9% shall be paid.
sections 3,4 & 5:..........carriage of both the parties arc plying on the route in question, the status quo will continue till the final orders of the state transport appellate tribunal. with this direction, the appeals are disposed of. the parties will bear their own.....
1. The subject-matter of both the appeals raises the same question of law and has been decided by a common judgment. It is agreed by counsel on both sides that the appeals will be disposed of by the State Transport Appellate Tribunal not in the light of the Government Orders which were extant at the time when the appeals were filed but in the light of Rule 155-A of the Madras Motor Vehicles Rules as on to-day. The State Transport Appellate Tribunal is free to remit the matter to R.T.A. if circumstances justify such a course. If at this date the stage carriage of both the parties arc plying on the route in question, the status quo will continue till the final orders of the State Transport Appellate Tribunal. With this direction, the appeals are disposed of. The parties will bear their own costs.