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Vincent Antony Jabamalai Fernando and ors. Vs. S.A. Thomas Fernando and ors. - Court Judgment

LegalCrystal Citation
SubjectCommercial
CourtChennai High Court
Decided On
Case NumberSecond Appeal No. 2085 of 1975
Judge
Reported inAIR1978Mad90
ActsPartnership Act, 1932 - Sections 48
AppellantVincent Antony Jabamalai Fernando and ors.
RespondentS.A. Thomas Fernando and ors.
Appellant AdvocateT. Raghavan and ;T.K. Seshadri, Advs.
Respondent AdvocateV. Shanmugham and ;Riaz Ali Khan, Advs.
DispositionAppeal dismissed
Excerpt:
.....in the instant case, the suit was clearly a suit instituted, after the firm got dissolved, for a share due to the plaintiff. the interest awarded was only from the date of suit and this was proper. - - inthe instant case, the suit was clearly a suit instituted,after the firm got dissolved, for a share due to the plaintiff.generally no interest should be awarded in a suitfor dissolution of the partnership till the amount dueto the persons suing for dissolution get determinedby the decree passed in the case. therefore, interestcan be granted only from the date of the decree.but this principle will apply only to cases where the suithas been filed for dissolution of a going concern. inthe instant case, the suit was clearly a suit instituted,after the firm got dissolved, for a share due to the plaintiff.the interest awarded was only from the date ofsuit and this was proper.
Judgment:
Generally no interest should be awarded in a suitfor dissolution of the partnership till the amount dueto the persons suing for dissolution get determinedby the decree passed in the case. Therefore, interestcan be granted only from the date of the decree.But this principle will apply only to cases where the suithas been filed for dissolution of a going concern. INthe instant case, the suit was clearly a suit instituted,after the firm got dissolved, for a share due to the plaintiff.The interest awarded was only from the date ofsuit and this was proper.


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