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Govt Of Nct Delhi And Ors vs Surendra Singh on 4 October, 2024

Author: C.Hari Shankar

Bench: C. Hari Shankar, Sudhir Kumar Jain

                           $~11
                           *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                           +           W.P.(C) 3663/2018
                                       GOVT OF NCT DELHI AND ORS.               .....Petitioners
                                                    Through: Mrs. Avnish Ahlawat, SC wtih
                                                    Mr. Nitesh Kumar Singh, Ms. Laavanya
                                                    Kaushik, Ms. Aliza Alam and Mr. Mohnish
                                                    Sehrawat, Advs.
                                                    Mr. B.S. Rawat, CI DTTE.

                                                                            versus

                                       SURENDRA SINGH                          .....Respondent
                                                     Through: Mr. Ashok Agarwal, Mr.
                                                     Kumar Utkarsh, Mr. Manoj Kumar and Ms.
                                                     Ashna Khan, Advs.
                                       CORAM:
                                       HON'BLE MR. JUSTICE C. HARI SHANKAR
                                       HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN
                                                                            ORDER

% 04.10.2024

1. Mr. N.K. Singh, learned Counsel for the petitioners submits that the petitioners' grievance is only against para 14 of the impugned order dated 27 September 2017 passed by the learned Central Administrative Tribunal1, which reads as under :

14. The respondents shall now pay the interest on arrears payable to the applicant from 10.08.2011 to 21.06.2013 after deducting an amount of Rs.86/-, alleged to have been paid as interest upto 21.06.2013. Further, an interest on interest shall be paid for the period from 22.06.2013 till the date of payment of such interest on interest at the rate of 10 percent.

2. Mr. Singh submits that the learned Tribunal could not have 1 "the learned Tribunal", hereinafter This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/11/2024 at 13:51:15 awarded interest on interest.

3. To the query from the Court as to the basis for the submission, Mr. Singh has placed reliance on Section 3(3)(c) of the Interest Act of 1978.

4. Prima facie, this Court is of the opinion that Section 3(3) of the Interest Act is a caveat on the power of the Court to award interest under Section 3 of the Interest Act. What Section 3(3)(c) states is that the power conferred on the Court to award interest under Section 3 of the Interest Act would not extend to awarding interest on interest.

5. As such, it is debatable as to whether Section 3(3)(c) can apply where the order for payment of interest is not passed under Section 3 of the Interest Act.

6. On this position being brought to the notice of Mr. Singh, he seeks some time to acquaint himself with the proper legal position.

7. List for disposal on 24 October 2024 in the supplementary list.

C.HARI SHANKAR, J.

DR. SUDHIR KUMAR JAIN, J.

OCTOBER 4, 2024/VLD Click here to check corrigendum, if any This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/11/2024 at 13:51:15