1971 (9) TMI 159

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..... iff-respondent up till the date of the suit. Before instituting the suit, the respondent had issued a notice to the appellant, calling upon the appellant to pay the money illegally collected from it; but despite that notice, the appellant failed to pay back the amount illegally collected from the respondent. That being so, in our opinion, the High Court was justified in awarding interest on the pr .....

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..... le to the Government. The principal amount claimed is Rs. 62,518-8-0. The trial court came to the conclusion that the collection in question was illegal. But it dismissed the suit on the ground that the same was barred by limitation. In appeal, the High Court disagreeing with the view taken by the trial court decreed the principal amount claimed by the plaintiff and interest on the same at 5 p .....

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..... the question of interest, subsequent to the date of the institution of the suit, it was found that the appellant had unlawfully withheld the amount due to the respondent even after coming to know that the collection made was an illegal one. Before instituting the suit, the respondent had issued a notice to the appellant, calling upon the appellant to pay the money illegally collected from it; but .....

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