This judgment directs the respondent Municipal Corporation to pay 9% annual interest on a sum of Rs. 15,82,890/- deposited with them, from the date of deposit till its release, to be paid within three months.
Direction to pay interest @ 9% p.a. on Rs. 15,82,890/- from date of deposit till release within three months.
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C.W.P. No. 22306 of 2011
[ 1 ]
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
C.W.P. No. 22306 of 2011 Date of Decision:Feb. 12,2014
Tejinder Pal Singh ....................................... Petitioner
Versus
Municipal Corporation, Patiala................... Respondent
Coram: Hon'ble Ms. Justice Ritu Bahri
Present: Mr. Ravinder Kumar, Advocate for Mr. Manu K. Bhandari, Advocate for the petitioner.
Mr. Baljinder Singh, Advocate for the respondent.
RITU BAHRI, J. (Oral)
Challenge in this petition is to the order dated 30.5.2011 (Annexure P-13).
The petitioner had filed Civil Writ Petition No.16953/10 for directing the respondent to refund a sum of `15,82,890/-. The claim of the petitioner for the said amount has been decided by this Court vide order dated 30.5.2011
(Annexure P-13).
Kaur Rupinder 2014.02.18 16:50 I attest to the accuracy and integrity of this document Chandigarh
C.W.P. No. 22306 of 2011 [ 2 ]
The petitioner was a successful bidder for plot No.13, near Kohli Sweets Tripuri which was allotted to him by the Municipal Corporation. The possession could not be given to him. An alternate site was also offered to the petitioner on 23.4.2010 which he did not opt to take. Vide the impugned order dated 30.5.2011 (Annexure P-13) a direction has been given to return the sum of `15,82,890/- in three equal instalments.
The petitioner vide this writ petition is claiming interest on the delayed payment on the aforesaid amount which was lying with the respondent for about three years.
The factual aspect has not been disputed in the reply filed by the respondent. There is no explanation in the written statement as to why the interest was not paid to the petitioner.
This petition is being disposed of by giving a direction to the respondent-Municipal Corporation to pay interest @ 9% per annum on the amount of `15,82,890/- to the petitioner from the date of deposit till the date of release of the amount. This payment shall be made within three months.
( RITU BAHRI ) JUDGE
12.2.2014 rupi
Kaur Rupinder 2014.02.18 16:50 I attest to the accuracy and integrity of this document Chandigarh
3 issues framed by the court
Whether the respondent needs to pay interest on the amount lying for about three years.
At what rate of interest the petitioner shall be granted.
Within what time frame the interest payment shall be made.
Tejinder Pal Singh
Municipal Corporation, Patiala
Ritu Bahri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
