Arun Kumar Pandey v. the Union of India through D R M T
Case brief
What is this about?
COURT OF JHARKHAND AT RANCHI C.M.P. No. 53…
What the court decided
IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 53 of 2021 Arun Kumar Pandey .... .. ... Petitioner(s)
Versus
1.The Union of India through D.R.M.T., New Delhi. 2.Sr. DEN/ 2/ DHN East Central Railway, Dhanbad.
.. ... ...Opp. Party(s)
CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner(s) : Mr. P. K. Bhattacharya, Advocate For the Opp. Party(s) : Mr. Prabhat Kr. Sinha, Advocate
05/ 17.11.2022 . Heard, learned counsel for the parties.
The instant CMP has been filed for quashing the order dated 05.01.2021 passed by learned Civil Judge (Sr. Div.)-II, Dhanbad in Execution Case No.01/2021 whereby and whereunder the prayer for direction to pay interest @10% per annum wef 31.8.2010 till 16.10.2020 upon the principal amount has been rejected.
It is submitted by learned counsel appearing on behalf of the petitioner that an arbitral award was passed in favour of this petitioner on 31.08.2010 and after passing the award, the petitioner moved before the Executing Court for release of the amount, but the amount was withheld for long 9 years and only after direction passed by this Hon’ble Court in Civil Revision No.27 of 2011, the amount was released.
Issues for consideration
3 issues framed by the court
Whether the High Court should quash the order rejecting the prayer for interest upon the principal amount in an execution case.
Whether there was any infirmity in the impugned order dismissing the petition for interest.
Whether the appellants were at fault for the delay in payment of the award amount.
Parties & counsel
- petitioner
Arun Kumar Pandey
- respondent
The Union of India through D.R.M.T., New Delhi
- respondent
Sr. DEN/ 2/ DHN East Central Railway, Dhanbad
Coram
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · November
- Registered
- Case no.
- C.M.P./53/2021
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