Dismissed

Harjit Kaur v. Punjab State Electricity Board and Anr.

Punjab & Haryana HC28 May 2012CR/1358/2011

Case brief

AI extract

What is this about?

This revision petition challenged the Executing Court's refusal to grant interest on compensation awarded by a Permanent Lok Adalat. The High Court held the executing court could not grant interest beyond the award's terms and dismissed the petition.

What did the court decide?

The revision petition was dismissed; the order of the Executing Court declining interest was affirmed.

Harjit Kaur Vs Punjab State Electricity… — Execution and Attachment | Punjab & Haryana HC (2012)

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In the High Court of Punjab and Haryana at Chandigarh

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Civil Revision No.1358 of 2011

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Date of decision:28.5.2012

Harjit Kaur

.....Petitioner

The Punjab State Electricity Board and another

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.....Respondents

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CORAM : HON'BLE MR. JUSTICE L.N. MITTAL

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Present: Mr. Jagdev Singh, Advocate for the petitioner.

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Mr. R.L. Sharma, Advocate for the respondents.

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L.N. Mittal, J. (Oral):

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Harjit Kaur one of the decree holders has filed this revision petition under Article 227 of the Constitution of India impugning order dated 9.10.2010 (Annexure-P.1) passed by Executing Court i.e. learned Civil Judge (Senior Division), Patiala thereby declining the claim of the petitioner for grant of interest.

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Permanent Lok Adalat (Public Utility Services), Patiala passed award directing the respondents to pay `8 Lacs to all legal representatives of Sher Singh (since deceased). Petitioner is widow and one of the legal representatives of Sher Singh. The aforesaid amount of compensation has since been paid by the respondents and has been disbursed to the decree holders i.e. legal representatives of Sher Singh.

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Civil Revision No.1358 of 2011

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[2]

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The petitioner filed execution petition claiming interest on the compensation amount alleging that the same was paid after long delay. Respondents/Judgment debtors resisted the claim of the petitioner. Learned Executing Court vide impugned order (AnnexureP.1) rejected the claim of the petitioner for interest. Feeling aggrieved, petitioner has filed this revision petition.

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I have heard learned counsel for the parties and perused the case file.

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Counsel for the petitioner contended that award was passed on 31.1.2007 whereas compensation amount of `8 Lacs was deposited by respondents on 9.4.2010 i.e. after delay of more than three years and, therefore, petitioner is entitled to interest for the interregnum.

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I have carefully considered the contention but the same cannot be accepted. Admittedly, the Permanent Lok Adalat in its award did not grant any interest to the decree holders on the compensation amount. Consequently, the Executing Court while Executing the said award could not grant interest to the petitioner and could not direct the respondents/judgment debtors to pay interest which has not been granted in the award sought to be executed. The Executing Court could not go beyond the award which is to be executed. Consequently, claim of petitioner for grant of interest has been rightly declined by the Executing Court. There is no infirmity much less perversity, illegality or jurisdictional error in impugned order of the Executing Court so as to warrant interference

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Civil Revision No.1358 of 2011

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[3]

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at the hands of this Court in exercise of supervisory jurisdiction under Article 227 of the Constitution of India.

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The revision petition is meritless and is, therefore,

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dismissed.

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May 28, 2012.

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(L.N. Mittal) Judge

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hsp

Harjit Kaur v. Punjab State Electricity Board and Anr.

Case brief

What is this about?

What did the court decide?

Harjit Kaur v. Punjab State Electricity Board and Anr.

Case brief

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What did the court decide?

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