Calcutta High Court (Appellete Side)
Prakash Diwan vs The Asansol Mines Board Of Health on 1 April, 2016
1
01/04/2016
ARDR
C.O. 433 of 2011
Prakash Diwan
Vs.
The Asansol Mines Board Of Health,
Asansol, Burdwan & Ors.
Mr. Arup Krishna Das,
Ms. Jasmine Sheikh,
Ms. Malati Kisku,
... for the petitioner.
Mr. Hiranmoy Bhattacharya,
...for the O. P. no.1.
Heard the learned counsel appearing on behalf of the parties.
The petitioner has challenged the order dated 18/12/2010 passed by the
learned Civil Judge, Senior Division, Asansol in connection with Title Execution
case no. 06 of 2007. According to them, the Hon'ble Court has given a direction in
connection with F. A. no.368 of 1999 to the judgment debtor to pay
Rs.49,554.21p along with interest @ 18 per cent over the said amount from the
date of institution of the suit till 31st December, 1999 and also to pay interest to
the tune of 12 per cent per annum from 01/1/2000 till payment is made by the
respondents.
It appears that in terms of the order of the High Court the judgment debtor has issued a cheque of Rs.1,85,057/- to the decree holder vide cheque no. 513904 dated 12th February, 2007 but the same was refused by the decree holder on the ground that the amount is not sufficient and not in consonance with the order of the High Court.
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However, after considering the submissions of both sides, learned Court below has given a direction upon the judgment debtor to pay Rs.1,99,546.52p. only as principal as well as interest as per the order of the High Court. The learned Court below held that since the cheque of Rs.1,85,057/- has not been accepted by the decree holder, so the decree holder cannot claim it now.
If any amount is disputed, in that case a party has a right not to accept it, if it is not in consonance with the order of the High Court.
Be that as it may, now we are in 2016 and on the basis of that, I find that the principal amount of Rs.49,554/-, interest on and from 16/1/1988 to 31/12/1999 is Rs.1,06,648.69 and also interest on and from 01/1/2001 to 31/3/2016 is Rs.96,630.60. The total comes to Rs.2,52,869.50 and out of which, a sum of Rs.1,99,546/- has been paid by the judgment debtor on 19/2/2011 and there is a still due of Rs.53,323/-.
After hearing both sides, I am of the view that a sum of Rs.53,323/- be paid by the judgment debtor to the decree holder within three months from this date failing which it will carry interest to the tune of Rs.18 per cent from the date of the order of the Civil Judge, Senior Division.
With this direction, this revisional application stands allowed. Urgent photostat certified copy of this order, if applied for, be given to the parties.
(Siddhartha Chattopadhyay, J.)