The Court held that respondents unequivocally delayed payment of Rs. 7,796/- for the petitioner for about 10 years. The Court directed the respondents to pay interest at 8% per annum from January 2009 till the date of actual payment.
Directed respondents to pay interest @ 8% p.a. from January 2009 till date of payment on Rs. 7,796/-.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.44 of 2019
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Sheela Devi @ Shila Devi W/o Late Sidhnath Prasad, R/o VillageP.O.Gopalpur, P.S.- Belchhi, District- Patna, Presently resident of VillageSisauna, P.O.P.S.- Jokihat, District- Araria.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Siyaram Pandey For the Respondent/s : Mr.Arvind Ujjwal -Sc4 ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
The learned counsel for the petitioner submits that though the respondents have now paid the amount due to the petitioner under the deposit linked insurance scheme, as is apparent from Annexure-A to the counter affidavit, amounting to a sum of Rs. 7,796/-, by an order dated 18.2.2019, however, the interest for the period 20.1.2009, the date on which the death of the husband of the petitioner had taken place and the petitioner had become entitled for the said amount, till date has
Patna High Court CWJC No.44 of 2019(4) dt.08-07-2019 2/2
not been paid.
This Court finds that without any reason, the respondents have deliberately withheld the aforesaid amount of Rs. 7,796/- which ought to have been paid immediately after the death of the husband of the petitioner in the month of January 2009, however, since a delay of about 10 years has taken place in payment of the said amount, this Court deems it fit and proper to direct the respondents to pay interest at the rate of 8 per cent per annum with effect from the month of January, 2009 up to the date of payment on the said sum of Rs. 7,796/-.
The writ petition stands disposed of on the aforesaid
terms.
(Mohit Kumar Shah, J)
ajay gupta/-
U
2 issues framed by the court
Whether the respondents are liable to pay interest on the delayed payment of Rs. 7,796/- under the deposit linked insurance scheme from January 2009?
In the absence of valid reasons for the delay, what rate of interest should be awarded?
Sheela Devi @ Shila Devi
The State Of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
