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Pratyush Singh (Student)     29 November 2012

Promissory note with increased interest for late payment

Hi,

i'm looking for any case laws to support if I can include a clause for increased rate of interest incase of late payment in a promissory note.

 

Thanks.



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 2 Replies

Prasun Chandra Das (Banker)     29 November 2012

You can do it. I cannot give you any case lawsbut it is well established fact that interest amount @x% p.a.as well as penal interest amount @y% p.a. can be added. Only thing is payment should not be conditional on happening of an event which may or may not happen, and should be a certain sum of money (Rs.A+Int @x%+Penal Int@y% IS a certain sum of money).

c.p.s. ramachary (1500)     29 November 2012

Promissory note cannot contain any conditional undertaking as defined in Sec.4 of N.I.Act


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