The court set aside an order of the Executing Court and remitted the matter for fresh consideration regarding entitlement and satisfaction of an award, relying on a prior order.
Impugned order set aside; matter remitted to Executing Court for fresh consideration.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.R. No. 160 of 2008 (O&M) Date of Decision: 13.2.2009
Improvement Trust, Khanna and another
... .Petitioners
Versus
Swaran Singh, LR of Sucha Singh
... Respondent
CORAM : Hon'ble Mr. Justice Rajesh Bindal
Present:Mr. R.S. Cheema, Advocate for the petitioners.
Mr. Jaswinder Singh Arora, Advocate for the respondent.
RAJESH BINDAL J
Learned counsel for the parties are agreed that a similar issue has been considered by this Court in C.R. No. 82 of 2008 titled as Improvement Trust, Khanna Vs. Suraj Parkash and another, wherein vide order dated March 18, 2008, the impugned order challenged therein was set aside and learned Executing Court was directed to redetermine entitlement of the respondentlandowners in accordance with law in respect of claim i.e. (i) payment of the principal amount (ii) solatium and (iii) interest on solatium, separately and then to determine as to whether or not the award passed by the Tribunal has been fully satisfied. The needful was required to be done as early as possible preferably within two months.
Learned counsel for the petitioner further submits that he has already deposited the amount of Rs. 3,13,000/- in terms of order of this Court dated January 11, 2008.
In view of the fair stand of learned counsel for the parties, the impugned order dated 12.11.2007 passed by the learned Executing Court is set aside and the matter is remitted back for fresh consideration in the light of the order passed by this Court in Improvement Trust Khanna's case (supra).
(RAJESH BINDAL) JUDGE
13.2.2009 Reema
Colour shows how this judgement treated each authority
Improvement Trust, Khanna Vs. Suraj Parkash and anotherRelied on¶12
C.R. No. 82 of 2008
Improvement Trust, Khanna
Swaran Singh
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
