Sale of Goods Act, 1930 · Chapter VI: Suits for Breach of the Contract
Section 61: Interest by way of damages and special damages
(1) Nothing in this Act shall affect the right of the seller or the buyer to recover interest or special damages in any case where by law interest or special damages may be recoverable, or to recover the money paid where the consideration for the payment of it has failed.
(2) In the absence of a contract to the contrary, the Court may award interest at such rate as it thinks fit on the amount of the price—
(a) to the seller in a suit by him for the amount of the price— from the date of the tender of the goods or from the date on which the price was payable;
(b) to the buyer in a suit by him for the refund of the price in a case of a breach of the contract on the part of the seller—from the date on which the payment was made.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 61
- Clp India Pvt. Ltd. v. Gujarat Urja Vikas Nigam Ltd. & Anr.
- M/S Shanti Conductors (P) Ltd. v. Assam State Electricity Board and Ors. Review Petition (C) Nos. 786787 of 2019 in
- Uttar Haryana Bijli Vitran Nigam Ltd [Uhbvnl]. & Anr v. Adani Power Ltd. & Ors.
- M/S. Shanti Conductors (P) Ltd. & Anr. v. Assam State Electricity Board & Ors.
- M/S Purbanchal Cables & Conductors Pvt. Ltd v. Assam State Electricity Board & Another
- M/S Ntpc Ltd. v. M.P. State Electricity Board & Ors.
- M/S. Vijay Industries v. M/S. Natl Technologies Ltd.
- Bhagawati Oxygen Ltd. v. Hindustan Coper Ltd.
- South Eastern Coalfields Ltd. v. State of M.P. and Ors.
- Executive Engineer, Dhenkanal Minor Irrigation Division, Orissa, Etc. Etc. v. N.C. Budharaj (Dead) by Lrs. Etc. Etc.
- State of Orissa v. B.N. Agarwalla
- Secretary, Irrigation Department, Government of Orissa and Ors. Etc. Etc. v. G. C. Roy Etc. Etc.
- Hind Builders Etc. v. Union of India and Vice-Versa
- Marwar Tent Factory v. Union of India and Ors.
- Food Corporation of India v. Surendra, Devendra & Mohendra Transport Co.
- Executive Engineer Irrigation Galimala & Ors. v. Abaaduta Jena
- State of Madhya Pradesh v. M/S. Saith & Skelton (P) Ltd.
- Union of India v. A. L. Rallia Ram