AMITAV K.GUPTA
Union Of India – Appellant
Versus
Shambhu Nath Sarkar – Respondent
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%.
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