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2005 Supreme(Bom) 374

IN THE HIGH COURT OF BOMBAY
DBH International Ltd.
Versus
Their Workmen
Decided on 17/3/2005

Headnote:

Interest - Compensation - Court clarified that the amount deposited in court as compensation to the workmen should include accrued interest

Fact of the Case:

The Respondent requested clarification on whether the interest accrued on the amount deposited in court as compensation to the workmen should also be paid to the Respondents

Finding of the Court:

The court clarified that the amount deposited in court as compensation to the workmen should include accrued interest and disposed of the oral request for speaking to the minutes

Issues: Clarification on payment of interest accrued on the amount deposited in court as compensation to the workmen

Ratio Decidendi: The court clarified that the amount deposited in court as compensation to the workmen should include accrued interest

Final Decision: The court clarified that the amount deposited in court as compensation to the workmen should include accrued interest

Judgment

( 1 ) HEARD both sides. This matter is listed for speaking to the minutes. Matter is moved by the Respondent.

( 2 ) IN our judgment (dated March 9, 2005) we have observed that: "the Appellant-Management is directed to pay the amount, which they have deposited in this Court in pursuance of the order dated September 5, 1996, as compensation to the workmen. "

( 3 ) THE learned counsel for the Respondent submitted that the said amount was amount of wages, deposited as directed by the single Judge and at the time of this Letters Patent Appeal, deposited as per the orders of this Court. The amount was invested with the Bank and interest has accrued on the said amount. Therefore the clarification is required that the interest is also payable to the Respondents. Learned counsel for the Appellant Mr. C. U. Singh submitted that since it is an ad hoc compensation paid by the court, the question of granting interest on such amount does not arise, as such interest may not be paid to the workmen.

( 4 ) IN the circumstances, we would like to clarify that when Court passed an order, we had in our mind that the said amount which is deposited in this Court, which was further deposited in the Nationalised Bank, the interest accrued on such amount is to be paid to the workmen. We mean by the said direction that the amount which is deposited in pursuance of the order dated September 5, 1996 shall be paid to the Respondents, with the accrued interest thereon. With this clarification, we dispose of the oral request for speaking to the minutes.

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