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Punjab-Haryana High Court

Phoolwati vs Ut Of Chandigarh & Ors on 8 February, 2016

Author: Rakesh Kumar Jain

Bench: Rakesh Kumar Jain

                                                                               123-2273




  IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
                                 *****
                                                 CWP No.2273 of 2016
                                        Date of Decision: 08.02.2016
                                 *****
Phoolwati
                                                            . . . .Petitioner
                              Versus
UT Administration and others
                                                       . . . . Respondents
                                 *****
CORAM:     HON'BLE MR.JUSTICE RAKESH KUMAR JAIN
                                 *****
Present:   Mr.Ranjan Lakhanpal, Advocate, for the petitioner.
                                 *****
RAKESH KUMAR JAIN, J. (ORAL)

This petition is filed for the issuance of a direction to the respondents to pay interest @ 12% per annum on `9.95 lacs, paid by the respondents to the petitioner as compensation in terms of the order passed by the Division Bench of this Court on 9.10.2007.

It is pertinent to mention that at the time of disposal of the writ petition, the Division Bench did not order for any interest on the compensation amount, if it is not paid in time. The petitioner then filed COCP No.433 of 2015, which was disposed of on 21.7.2015 in view of the affidavit filed by the Home Secretary that the compensation amount of `9.95 lacs has been paid to the petitioner on 11.3.2015. Even at that time, the petitioner did not ask for interest component because no-body had put in appearance on behalf of the petitioner in Court.

Learned counsel for the petitioner has submitted that the amount due to the petitioner, accrued in the year 2007, has been paid in the year 2015, therefore, she is entitled to interest.

Be that as it may, the remedy lies before the Civil Court and not by way of this petition.

The present petition is disposed of and the petitioner is relegated to her remedy of filing civil suit, if so advised.

(RAKESH KUMAR JAIN) 08.02.2016 JUDGE Vivek VIVEK PAHWA 2016.02.09 14:57 I attest to the accuracy and authenticity of this document High Court Chandigarh