Rajasthan High Court - Jaipur
Shriram Fertilizers And Chemicals vs Union Of India (Uoi) on 2 June, 2005
Equivalent citations: IV(2005)BC287
Author: S.K. Keshote
Bench: S.K. Keshote
ORDER S.K. Keshote, J.
1. Heard learned Counsel for the plaintiff-appellant and perused the entire record of the appeal.
2. The plaintiff-appellant filed a Civil Suit in the Court of Additional District Judge No. 3, Kota, against the defendant-respondent for recovery of Rs. 4,75,527.50p. and compensation for the delivery of damaged 15699 bags of Urea and for interest as well as cost. Later on, on constitution of Railway Claims Tribunal, Jaipur Bench, Jaipur (for short, 'the Tribunal') the suit came to be transferred to the Tribunal.
3. The learned Tribunal decided the matter on 7.1.1992. The learned Tribunal accepted the claim of the plaintiff appellant for Rs. 4,47,825.00 p. It has awarded interest at the rate of 6% per annum on the amount of Rs. 4,18,446.00 p. from the date of the order. Challenge has been made to the part of the order of the learned Tribunal awarding interest from the date of the order.
4. The learned Counsel for the plaintiff-appellant submitted that the interest is to be awarded to the plaintiff-appellant on the amount of compensation from the date of cause of action accrued to it or in all the eventualities from the date of filing of the suit. The learned Counsel for the plaintiff-appellant, in support of his contention, placed reliance on two unrepeated decisions of this Court in S.B. Civil Misc. Appeal No. 254/1991, Union of India through the General Manager, Western Railway, Church Gate, Bombay v. Associate Companies Limited Cement Works at Lakheri, decided on 26.5.2003 and in S.B. Civil Misc. Appeal No. 277/1993, DCM Shriram Consolidated Limited v. Union of India through G.M., Western Railway, Church Gate, Bombay, decided on 10.12.2004.
5. Nobody is present on behalf of the defendant respondent to oppose this appeal.
6. I have given my anxious and thoughtful consideration to the only contention raised by the learned Counsel for the plaintiff-appellant and also gone through the two decisions of this Court, on which reliance has been placed by the learned Counsel for the plaintiff-appellant in support of his contention.
7. The plaintiff appellant has not mentioned the date on which the cause of action accrued. That apart, the learned Counsel for the plaintiff-appellant has also been unable to state before the Court the date on which the cause of action accrued to the plaintiff-appellant to file the suit, Thus, in view of the facts as stand, I am satisfied that the relevant date for awarding of interest is the date on which the plaintiff-appellant filed the suit.
8. Having gone through the decisions of this Court aforesaid I am satisfied that this matter is squarely covered thereby.
9. In the result, the appeal is partly allowed. It is hereby declared that the plaintiff-appellant shall be entitled to get the interest at the rate of 6% per annum, on the amount of Rs. 4,18,446.00 p., from the date of filing of the suit.