Neelamadhav Sahu Vs Union Bank of India, Mumbai — Orissa HC (2025) — LawSathi Research

Neelamadhav Sahu Vs Union Bank of India, Mumbai — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Modification application (I.A. No.20355 of 2025) allowed; paragraphs 7 and 8 of the order dated 11.11.2025 in W.P.(C) No.7930 of 2025 modified to direct the Bank to pay interest @12% on the EMD of Rs.40,00,000 from the date of deposit till the date of refund, payable within one month from receipt of a certified copy of the order, failing which further interest @15% for the delay period; I.A. disposed of.

Issue for consideration

Whether paragraphs 7 and 8 of the order dated 11.11.2025 passed in W.P.(C) No.7930 of 2025 should be modified to correctly record the interest payable on the EMD of Rs.40,00,000/-, the EMD having already been refunded by the Bank on 12.03.2024 without interest.

Court's answer

The prayer in I.A. No.20355 of 2025 for modification is allowed; paragraphs 7 and 8 of the order dated 11.11.2025 passed in W.P.(C) No.7930 of 2025 are modified.

Ratio / Principle

As modified, paragraph 7 directs the Opposite Parties/Bank to pay interest @12% from the date of deposit of the EMD amount till the date of refund.

Key takeaways

As modified, paragraph 8 makes clear that the Bank shall pay @12% interest on the EMD amount of Rs.40,00,000 within one month from the date of receipt of a certified copy of the order.ratio¶25
On failure to pay within one month, the Bank will pay further interest @15% for the delay period.ratio¶25

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack — W.P.(C) No.7930 of 2025, I.A. No.20355 of 2025 (order dated 14.11.2025, Dr. Sanjeeb K Panigrahi, J.): Application for modification of the order dated 11.11.2025 allowed. Since the EMD of Rs.40,00,000/- had already been refunded by Union Bank of India on 12.03.2024 without interest, paragraphs 7 and 8 of the earlier order were modified: the Opposite Parties/Bank is directed to pay interest @12% on the EMD from the date of deposit till the date of refund, within one month from receipt of a certified copy of the order, failing which further interest @15% for the delay period. I.A. disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.7930 of 2025

Neelamadhav Sahu

..…... Petitioner(s)

Mr. Arun Kumar Nayak, Adv.

-Versus-

Union Bank of India, Mumbai & Another ……. Opposite Party (s) Mr. Tuna Sahu, Adv.

CORAM:

DR. JUSTICE SANJEEB K PANIGRAHI ORDER

14.11.2025

Order No.

I.A. No.20355 of 2025

This matter is taken up through hybrid arrangement.

Heard learned counsel for the parties.

This is an application for modification of the order dated 11.11.2025 passed by this Court in W.P.(C) No.7930 of 2025.

Learned counsel for the Petitioner submits that the EMD amount of Rs.40,00,000/- has already been refunded by the Bank on 12.03.2024 without interest. However, in paragraph 7 of the aforesaid order it has inadvertently been reflected as “Accordingly, the opposite parties/Bank is directed to refund the aforesaid EMD amount along with 12% interest from the date of deposit till the date of refund.”

Signature Not Verified

Learned counsel for the Petitioner further contends that in paragraph-8 of the aforesaid order also it has wrongly been

Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 19-Nov-2025 19:31:41

2

reflected as “It is made clear that the Bank shall pay the aforesaid amount along with 12% interest within a period of one month from the date of receipt of a certified copy of this order failing which the Bank will pay further interest @ 15% for the delay period.”

Considering the submissions made by the learned counsel for the Petitioner and the averments made in the I.A, prayer is allowed. Accordingly, paragraphs-7 and 8 of the order dated 11.11.2025 passed in W.P.(C) No.7930 of 2025 is modified to the following extent:

“7.The Opposite Parties/Bank is directed to pay @12% interest from the date of deposit of the EMD amount till the date of refund.

It is made clear that the Bank shall pay @12% interest from the date of deposit of EMD amount of Rs.40,00,000/within a period of one month from the date of receipt of a certified copy of this order failing which, the Bank will pay further interest @ 15% for the delay period.”

Accordingly, the I.A. is disposed of.

( Dr. Sanjeeb K Panigrahi) Judge

Murmu

Signature Not Verified

Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 19-Nov-2025 19:31:41