This writ petition concerned the recovery of interest on delayed payment under an insurance settlement. The court disposed of the petition, granting liberty to approach the execution forum under section 174.
Liberty granted to approach the forum for execution regarding interest.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5696 of 2012
======================================================
... ... Petitioner/s
Versus
THE BRANCH MANAGER,THE NEW IND
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Abhay Shankar Singh For the Respondent/s : Mr.Sanjay Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
4 08-04-2019
There is no dispute in terms of the order of Lok Adalat that balance amounts have been paid. The only dispute is that payment of interest on delayed payment.
Learned counsel for the petitioners submits that he has remedy available by way execution under section 174.
Without expressing any opinion on the aforesaid, the writ petition is disposed of, if such forum is available under the provision of the Act, liberty shall be available to the petitioners
Patna High Court CWJC No.5696 of 2012(4) dt.08-04-2019 2/2
to approach the forum for execution of that part of the order as
to the interest.
(Anil Kumar Upadhyay, J)
Ravi/-
U
2 issues framed by the court
Whether the petitioner has a remedy under section 174 for recovery of interest on delayed payment.
Whether writ petition proceedings should be disposed of if execution is available.
1 provisions across 1 enactments
Nibha Devi
The Branch Manager, The New India Assurance Company
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
