Supreme Court - Daily Orders
M/S Bptp Ltd. vs Savitri Sandhu on 13 October, 2023
Author: B.V. Nagarathna
Bench: B.V. Nagarathna
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS(S). /2023
(CIVIL APPEAL DIARY NO(S). 20275/2023)
M/S BPTP LTD. & ANR. APPELLANT(S)
VERSUS
SAVITRI SANDHU & ANR. RESPONDENT(S)
O R D E R
Delay in filing as well as in refiling is condoned. Having heard learned Senior Counsel Mr. Rana Mukherjee for the appellants and Mr. Arvind Chaudhary, learned counsel for the respondents-Caveator, we find that the appeals could be disposed of as the controversy between the parties is in a very narrow compass, namely, with regard to the rate of interest that is payable, if the amount as directed by the National Consumer Disputes Redressal Commission (for short “the NCDRC”) is not paid within a period of two months. According to the NCDRC the compensation has to be paid with interest at the rate of 9% from the date of initial deposit within a period of two months failing which the interest had to be paid at the rate of 12% for the same period.
Learned senior counsel for the appellants submitted that the imposition of 12% interest on the delayed payment is exorbitant and therefore, if some time is granted to the appellants the balance amount shall be paid at the flat rate of 9% interest and possibly Signature Not Verified if the payment is not made within the time stipulated by this Court Digitally signed by RADHA SHARMA Date: 2023.10.17 09:43:01 IST then in that event the interest rate at 12% may be imposed. Reason: 1 Learned counsel for the respondents-Caveator submitted that having regard to the facts and circumstances of the case and the submission now made by the learned senior counsel for the appellants, appropriate order may be made. In the result, these appeals are disposed of in the following terms having regard to the facts of this case:
(1). The appellants shall pay the entire delayed compensation at the rate of 9% from the date of payment within a period of two months from today (13.10.2023), failing which the delayed compensation shall carry interest at the rate of 12% as directed by the NCDRC.
Further, the amount deposited by the appellants herein before this Court may be withdrawn and the Registry is directed to issue the cheques in the name of two respondents to an extent of 50% each and cheques may be handed over to the learned counsel for the respondents as expeditiously as possible. Pending application(s), if any, shall stand disposed of.
.......................J. ( B.V. NAGARATHNA ) .......................J. ( UJJAL BHUYAN ) NEW DELHI;
OCTOBER 13, 2023
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ITEM NO.2 COURT NO.15 SECTION XVII-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CIVIL APPEAL DIARY NO(S). 20275/2023 (Arising out of impugned final judgment and order dated 24-01-2023 in CC No. 431/2020 11-04-2023 in RA No. 116/2023 passed by the National Consumers Disputes Redressal Commission, New Delhi) M/S BPTP LTD. & ANR. Petitioner(s) VERSUS SAVITRI SANDHU & ANR. Respondent(s) (IA No.190509/2023-CONDONATION OF DELAY IN FILING and IA No.190508/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.190507/2023-STAY APPLICATION and IA No.190510/2023- CONDONATION OF DELAY IN REFILING/CURING THE DEFECTS) Date : 13-10-2023 This petition was called on for hearing today. CORAM :
HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s) Mr. Rana Mukherjee, Sr. Adv.
Mr. Kaushik Poddar, AOR Mr. Samarth Mohanty, Adv.
Ms. Janvi Moondhra, Adv.
Mr. Akash Dalal, Adv.
For Respondent(s) Mr. Arvind Chaudhary, Adv.
Mr. Atishi Dipankar, AOR UPON hearing the counsel the Court made the following O R D E R Delay in filing as well as in refiling is condoned. These appeals are disposed of in terms of the signed order. Pending application(s), if any, shall stand disposed of.
(RADHA SHARMA) (MALEKAR NAGARAJ)
COURT MASTER (SH) COURT MASTER (NSH)
(SIGNED ORDER IS PLACED ON THE FILE)
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