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Mr. Anil K Mahajan vs Sanjay Kothari And Anr. on 21 August, 2017

Bench: Kurian Joseph, Mohan M. Shantanagoudar

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                                        IN THE SUPREME COURT OF INDIA
                                         CIVIL ORIGINAL JURISDICTION

                                        CONMT.PET.(C) No. 861 OF 2015
                                                      IN
                                        CIVIL APPEAL NO. 4944 OF 2013

                         MR. ANIL   K MAHAJAN                            Petitioner(s)

                                                          VERSUS

                         SANJAY KOTHARI, SECRETARY, DOPT AND ANR.        Respondent(s)

                                                     O R D E R

All that survives in this petition is the dispute on the claim for interest. As per the Judgment dated 02.07.2013 and subsequent order dated 29.10.2013, the petitioner ought to have been granted interest at the rate of 6% with effect from 28.01.2014 to the actual date of payment.

The learned counsel appearing for the State submits that in view of the time taken for completion of the codal formalities, the petitioner should not have gracefully pressed for the interest. This Court had granted time only upto 28.01.2014. Therefore, the petitioner is certainly entitled to interest for all the payments at the rate of 6% after 28.01.2014. We direct the respondents to disburse the interest, as above, within a period of two months Signature Not Verified from today.

JAYANT KUMAR ARORA Date: 2017.08.24 10:59:50 IST Reason: We make it clear that in case the petitioner is not paid interest, as directed above, in that event,  2 he shall be entitled to interest at the rate of 18% from the date of original order passed by this court, viz. 02.07.2013 and the officer(s) responsible for the delay shall be personally liable for the same. With the above observations and directions, this contempt petition is disposed of.

.......................J. [ KURIAN JOSEPH ] .......................J. [ MOHAN M. SHANTANAGOUDAR ] New Delhi;

August 21, 2017.

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ITEM NO.6                   COURT NO.5               SECTION XIV

                 S U P R E M E C O U R T O F      I N D I A
                         RECORD OF PROCEEDINGS

CONMT.PET.(C) No. 861/2015 In C.A. No. 4944/2013 MR. ANIL K MAHAJAN Petitioner(s) VERSUS SANJAY KOTHARI, SECRETARY, DOPT AND ANR. Respondent(s) (FOR PERMISSION TO APPEAR AND ARGUE IN PERSON) Date : 21-08-2017 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR For Petitioner(s) Petitioner-in-person For Respondent(s) Mr. Gopal Singh, AOR Mr. Hrishikesh Baruah, AOR UPON hearing the counsel the Court made the following O R D E R The contempt petition is disposed of in terms of the signed order.

Pending interlocutory applications, if any, stand disposed of. (JAYANT KUMAR ARORA) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR (Signed order is placed on the file)