Back
VINOD S. BHARDWAJ
Shashi Toteja – Appellant
Versus
Permanent Lok Adalat – Respondent
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 petitioner and a share certificate of Rs. 100 was issued to her.
3. Eventually, plot No. 1585 measuring 250 sq. yards was stated to have been allotted to the petitioner-applicant, however, possession of plot was ever handed over.
4. The petitioner-applicant contends that the managing committee of the society had been put under suspension and that management had been handed over to the Board of Administrators. Claims from the members were invited w
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
