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2018 Supreme(Jhk) 2151
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Amitav K. Gupta, J.
Union Of India - Appellant
Versus
Shambhu Nath Sarkar & Ors. - Respondent
Civil Review No. 22 of 2017
Decided On : 13-04-2018
Gautam Rakesh, Adv.
The court applied the principles of the Limitation Act and relied on precedent to determine the reasonableness of the interest awarded.
Headnote:
Limitation Act - Review Application - Condoning Delay
Fact of the Case:
The review application was filed to review an order directing the petitioner to pay interest on the awarded amount. The delay in filing the review application was sought to be condoned under Section 5 of the Limitation Act.
Finding of the Court:
The court, being satisfied with the reasons provided in the supporting affidavit, condoned the delay of 16 days in filing the review application.
Issues: The main issue was the excessive interest awarded on the awarded amount and the delay in filing the review application.
Ratio Decidendi: The court relied on the decision of the Apex Court in N. Parameswaran Pillai Vs. Union of India, where an interest of 12% was awarded from the date of the application. This influenced the court's decision to dismiss the review petition.
Final Decision: The court dismissed the review petition, stating that the interest awarded at 9% was neither excessive nor exorbitant.
JUDGMENT
Amitav K Gupta, J. – I.A. No.2811 of 2017
1. The above interlocutory application has been filed under Section 5 of the Limitation Act for condoning the delay of 16 days in preferring the review application.
2. Heard. Being satisfied with the reasons assigned in paras 3 to 7 of the supporting affidavit, sufficient cause and reasonable explanation is made out accordingly the delay is condoned.
3. I.A. No.2811 of 2017 stands allowed.
Civil Review No.22 of 2017
The instant review application has been filed for reviewing the order and judgment dated 08.02.2017, passed in M.A. No.393 of 2013, whereby petitioner has been directed to pay the interest @9% on the awarded amount from the date of filing of the claim application till the date of realization.
2. It is submitted by the learned counsel that the claim application was filed on 28.09.2010 and the judgment was passed on 16.05.2013 and against the said judgment appeal was preferred on 17.12.2013. That there is no delay or laches on the part of the railway for the time taken in conclusion of the case before the learned Tribunal. It is prayed that the interest awarded is excessive and it be scaled down to 6%.
Learned counsel has relied on the decision of the Apex Court, rendered in the case of Thazhathe Purayil Sarabi Vs. Union of India , (2009) 7 SCC 372.
3. Heard. In the case of N. Parameswaran Pillai Vs. Union of India , (2002) 4 SCC 306, the Hon''ble Apex Court had awarded an interest @12% from the date of the application. Therefore, the interest awarded @9% is neither excessive nor exorbitant. The review petition is sans merit and is, hereby, dismissed.
