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VINOD S. BHARDWAJ
Shashi Toteja – Appellant
Versus
Permanent Lok Adalat – Respondent
| Table of Content |
|---|
| 1. challenge to permanent lok adalat's award. (Para 1 , 2 , 3 , 4 , 5) |
| 2. petitioner's contention on interest entitlement. (Para 10 , 11) |
| 3. response from respondent-society on legal provisions. (Para 12 , 13 , 14) |
| 4. court's analysis regarding interest entitlement. (Para 15 , 16 , 17) |
| 5. conclusions on the correctness of the permanent lok adalat award. (Para 18 , 19 , 20) |
| 6. final directive on deposit of awarded amount. (Para 21) |
JUDGMENT
Vinod S. Bhardwaj, J. (Oral)
The present petition raises a challenge to the award dated 26.03.2015(Annexure P-8) passed by the Permanent Lok Adalat, Public Utility Services, Gurgaon to the extent whereby the Permanent Lok Adalat has awarded interest to the petitioner w.e.f. 14.11.2011 till the date of actual payments.
2. Briefly summarized, the facts of the present case are that the petitioner-applicant became a member of the respondent no.2-society on 10.08.1995 after depositing a membership fee of Rs.1,93,750/- through cheque No. 427681 drawn on Punjab National Bank, Shahdara, Delhi for allotment of a plot No.1585 measuring 250 square yards. Membership No. 7443 (wrongly mentioned as 7442 in the impugned award) was allotted to the petiti
Interest is payable only on the principal sum and not on the interest part of the award, unless specifically provided by statute or contract.
The main legal point established in the judgment is that the demand for interest at the rate of 18% and panel interest at the rate of 21% was without any reasons against the mandate of the law of Dam....
Plea of res-judicata can be raised in an intra court appeal filed under Section 5(i) of the Kerala High Court Act as in the instant case, even though it was not raised in the writ proceedings by the ....
Pre-suit interest is impermissible under CPC unless stipulated by contract or statute; interest rates must align with statutory limits.
The court ruled that a Lok Adalat's decision does not meet the requirements for res judicata, allowing the plaintiff’s appeal for specific performance to proceed.
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