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Manohar Kumar Gupta v/s Presiding officer, MACT, Jammu & Another

Company & Directors' Information:- GUPTA CORPORATION PRIVATE LIMITED [Active] CIN = U40100MH2005PTC154038

Company & Directors' Information:- M R GUPTA AND COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1992PTC051324

Company & Directors' Information:- GUPTA INDIA PRIVATE LIMITED [Active] CIN = U51311DL1996PTC077255

Company & Directors' Information:- GUPTA AND COMPANY PRIVATE LIMITED [Active] CIN = U52110DL1974PTC007339

Company & Directors' Information:- GUPTA AND GUPTA PRIVATE LIMITED [Active] CIN = U55204DL1954PTC002390

Company & Directors' Information:- S K GUPTA PRIVATE LIMITED [Active] CIN = U26900MH1973PTC016294

Company & Directors' Information:- R. K. GUPTA AND COMPANY INDIA PRIVATE LIMITED [Active] CIN = U74899DL1993PTC052138

Company & Directors' Information:- B R GUPTA AND COMPANY PRIVATE LIMITED [Active] CIN = U63013DL2000PTC107343

Company & Directors' Information:- T N GUPTA PVT LTD [Active] CIN = U02005WB1951PTC020141

Company & Directors' Information:- A V GUPTA AND COMPANY PRIVATE LIMITED [Converted to LLP] CIN = U24239DL1999PTC102248

Company & Directors' Information:- Y P GUPTA AND COMPANY PVT LTD [Under Process of Striking Off] CIN = U74899DL1983PTC016661

Company & Directors' Information:- J S GUPTA AND CO PVT LTD [Strike Off] CIN = U20211UP1975PTC004078

Company & Directors' Information:- M K GUPTA AND CO PRIVATE LTD [Strike Off] CIN = U74999DL1979PTC009517

Company & Directors' Information:- A J GUPTA AND CO PRIVATE LIMITED [Strike Off] CIN = U74210UP1980PTC004986

Company & Directors' Information:- D. R. GUPTA & COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1944PTC000794

Company & Directors' Information:- S P GUPTA AND CO PVT LTD [Strike Off] CIN = U26932RJ1972PTC001459

    OWP. No. 1216 of 2009 & IA. No. 1578 of 2009

    Decided On, 26 August 2020

    At, High Court of Jammu and Kashmir


    For the Petitioner: R.K.S. Thakur, Advocate. For the Respondents: R2, Vishnu Gupta, Advocate.

Judgment Text

1. This is a petition purportedly filed under Article 226 and 227 of the Constitution of India to assail order dated 30th July, 2009 passed by respondent No.1 in the execution proceedings filed by the petitioner for execution of the award passed under the Motor Vehicles Act.

2. The petitioner claims to be a victim of motor accident that occurred on 26th March, 1986 because of the rash and negligent driving of respondent No.4 near Tiger Cinema, Jammu. For the injuries, which the petitioner suffered in the accident, a claim petition was filed before respondent No.1, which, after trial, was allowed vide award dated 30.05.1988 and the petitioner was held entitled to a compensation of Rs.1,16,000/- along with pendente lite and future interest @ 12% per annum. The petitioner was further held entitled to costs of Rs.1,000/-. Aggrieved, respondent Nos. 2 and 3 filed an appeal before this Court, which was disposed of on 10.02.1992 and the award amount was reduced to Rs.71,000/-. The Letters Patent Appeal (LPA(C) No.29/1992) preferred against the judgment of the Single Bench came to be allowed by the Division Bench vide judgment dated 19.04.1999 and the judgment of the learned Single Judge reducing the compensation was set aside and the award of the Tribunal upheld.

3. It may be pertinent to notice that the learned Single Judge, at the time of issuing notice to the respondents vide its order dated 10.10.1988, directed the judgment debtor to deposit the award amount of Rs.1,16,000/- with the Registry of this Court within two months. It was also provided in the order that out of the deposited amount of Rs.1,16,000/- a sum of Rs.1,00,000/- shall be released in favour of the claimant-petitioner and the balance amount of Rs.16,000/- shall be kept in fixed deposit till disposal of the appeal by the learned Single Bench. As is further gatherable, the judgment debtor deposited Rs.1,16,000/- in this Court on 08.12.1988 and after some time Rs.1,00,000/-, as directed, was released in favour of the petitioner. After disposal of the LPA, the petitioner filed an execution application before respondent No.1 and during pendency of the same, the judgment debtor-Insurance Company deposited a sum of Rs.33,372/- on 07.02.2002. On 04.06.2002, the Tribunal passed an order for payment of interest, which upon challenge before the High Court was set aside on 31.12.2002. As is apparent from the judgment of Justice T.S.Doabia passed in CR No.155/2002 on 31.12.2002, the petitioner was held entitled to interest on the awarded amount, in terms of the award, till a sum of Rs.1,00,000/- was withdrawn by the petitioner and after that interest @ 12% per annum would be payable on the balance amount i.e. Rs.16,000/. As is asserted, there was some typographical mistake in the aforesaid order of Justice T.S.Doabia, which was later on rectified while disposing of CMP No.284/2003. The figures appearing in judgment dated 31.12.2002 i.e. Rs. 2,14,465/- and figure of Rs.1,14,465/- were corrected to Rs.1,16,000/- and Rs.16,000/- respectively.

4. It appears that the petitioner was not satisfied with the amount of interest paid by the judgment debtor and, accordingly, pursued the matter in the execution proceedings. The matter was put quietus by respondent No.1 in terms of its order dated 30.07.2009, impugned in these proceedings. The Tribunal, after going through the record, did not find any amount outstanding from the judgment debtor on account of interest, as was claimed by the petitioner and, accordingly, dismissed the execution proceedings. The order aforesaid is subject matter of challenge in this writ petition.

5. It is the contention of the petitioner that the interest granted on the awarded amount by the Tribunal has not been fully paid. Referring to the award passed by the Tribunal, which was also upheld in the LPA, it is submitted that the petitioner is entitled to 12% simple interest on the awarded amount.

6. Heard learned counsel for the parties and perused the record.

7. The order of Justice T.S.Doabia dated 31.12.2002 passed in CR No.155/2002, as modified/rectified by the order of Justice Y.P.Nargotra dated 20.11.2003, has clearly clinched the issue. It may be recalled that the aforesaid order came to be passed in a revision petition filed against the order of the executing Court i.e. respondent No.1. This Court, after considering rival contentions and having reference to the record, clearly provided that the appellant would be entitled to interest @ 12% on the whole awarded amount i.e. 1,16,000/- till a sum of Rs.1,00,000/- was withdrawn by the petitioner from the Registry of this Court and after the date of withdrawal of Rs.1,00,000/-, interest @ 12% shall be payable on the balance amount of Rs.16,000/- till the aforesaid amount was also released.

8. It is the contention of the judgment debtor represented by Mr. C.S.Gupta that the interest on that account i.e. Rs.33,372/- was deposited before the Tribunal, which, in terms of the impugned order was directed to be released in favour of the petitioner.

9. However, Mr. R.K.S.Thakur, learned counsel for the petitioner, disputes the payment of whole amount of interest accrued on the award amount. Despite best efforts made, I could not come to a definite conclusion as to whether the whole amount of interest stands calculated and paid to the petitioner or there is still some outstanding amount. However, for clarification, I am of the view that as directed by this Court while disposing of the revision petition, the award amount shall carry interest @ 12% per annum from the date of application till a sum of Rs.1,00,000/- was withdrawn by the petitioner. The amount of Rs.16,000/- shall, however, carry interest @ 12% per annum, to be calculated with effect from the release of Rs.1,00,000/- in favour of the petitioner till the aforesaid amount was actually relea

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sed in his favour. 10. The Registrar Judicial shall conduct necessary exercise in this regard and if it is found that there is still some amount outstanding against the judgment debtor on account of interest, the same shall be intimated to the judgment debtor i.e respondent No.2 with a direction to deposit the same within a period of two weeks. On deposit of such amount, if any, the same shall be released in favour of the petitioner. It is made clear that decision of the Registrar Judicial on calculation of interest, as directed above, shall be final and binding on the parties. 11. The writ petition is accordingly, disposed of.