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1998 Supreme(Del) 592

K.S.GUPTA, Y.K.SABHARWAL
HARYANA ENGINIRING AND FOUNDRY WORKS – Appellant
Versus
UNION OF INDIA – Respondent


Y. K. Sabharwal, J.

( 1 ) THIS appeal is directed against the order of learned Single Judge holding that the decree holder is entitled to the principle sum of Rs. 5,37,622. 00 and interest thereon w. e. f. 1st November, 1991 @ 15% per annum till the date of deposit in Court in addition to Rs. 26,489. 00 only on unpaid interest. The only grievance of the appellant in this appeal is against the direction that the appellant is entitled to interest @15% per annum till the date of deposit in Court which in other words means that the appellant would not be entitled to interest till the date of payment.

( 2 ) FROM the facts on record it appears that in terms of the order of Division Bench dated 19th March, 1996 passed in FAO (OS) No. 84/96 the respondent deposited in this Court a sum of over Rs. 13. 00 lacs. The said order inter alia directing that the amount so deposited shall not be disbursed to the decree holder unless permitted by the Court. Thereafter the matter was referred to Mr. Justice P. K. Bahri, a former Judge of this Court. Justice Bahri in his report dated 27th May, 1997 has held that the decree holder is entitled to Rs. 5,37,622. 00 plus Rs. 26,489. 00 upto 31st October, 19


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