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2007 Supreme(All) 2912

[2008(1) ADJ 718]
ALLAHABAD HIGH COURT
BEFORE : S.P. MEHROTRA, J.
PARMANAND SINGH AND ANOTHER .........Appellants
Versus
Smt. KAUSHILYA DEVI AND OTHERS .....Respondents
(Civil Misc. Application No. 259349 of 2007 in F.A.F.O. No. 2056 of 2006, decided on 3rd December, 2007)

Advocates:
Counsel :
M.D. Singh Shekhar and R.D. Tiwari for the Appellants; A.P. Mishra and R.K.S. Yadav for the Respondents.

Headnote:Interest—Deposit of—An amount of Rs. 1,67,000 awarded by Claims Tribunal along with interest at the rate of 6% p.a.—Which was deposited by appellant—But, no amount deposited, in respect of interest awarded—Then, Claims Tribunal directed appellant to deposit interest also within one month from date of said order—Hence, recall application by appellants, as regards of interest—Which was rejected by Tribunal—Hence, Misc. Application against by appellants—Held, words “awarded amount” evidently include amount of interest awarded under impugned award—Hence, Tribunal rightly passed said order—However, Court granted two months’ further time to deposit amount of interest awarded by Tribunal. [Paras 13 to 20]

       

JUDGMENT

Hon’ble S.P. Mehrotra, J.—Case called out in the revised list. Sri M.D. Singh Shekhar, learned Senior Counsel appearing for the appellants, is present. None is present on behalf of the respondents.

2. I have heard Sri M.D. Singh Shekhar, learned Senior Counsel appearing for the appellants, and perused the record.

3. The present appeal has been filed against the award dated 13.4.2006 passed by the Motor Accident Claims Tribunal/Additional District Judge (Court No. 2), Ghazipur whereby an amount of Rs. 1,67,000/- along with interest at the rate of 6% per annum from the date of filing of the claim petition, has been awarded.

4. It appears that on 7.8.2006, the appeal was admitted and an interim order was granted by this Court The said order dated 7.8.2006 is reproduced below :

"Admit.

Issue notice.

Respondents No. 1 to 5 are represented by Sri R.K.Singh and Sri A.P. Misra, Advocates.

From perusal of the award passed by the Claims Tribunal, it is clear that appellants have deposited a sum of Rs. 75,000/- before the Claims Tribunal, out of which Rs. 50,000/- has already been paid to the claimant respondents and Rs. 25,000/- has been deposited in fixed deposit.

Until further orders of the Court, operation of the impugned award shall remain stayed, provided the appellants deposit the entire balance of the awarded amount with the claims tribunal within three months from today, out of which a sum of Rs. 10,000/- will be paid to the claimant-respondents without furnishing any security. Rest of the amount shall be kept in any nationalized bank in an interest bearing account.

The amount of statutory deposit made before this Court shall be remitted to the Claims Tribunal within three weeks from today, which shall be adjusted towards the deposit to be made by the appellant.”

5. It further appears that pursuant to the said interim order dated 7.8.2006, the entire aforesaid amount of Rs. 1,67,000/- has been deposited by the appellants before the Caims Tribunal. However, no amount has been deposited in respect of the interest awarded under the impugned award.

6. In the circumstances, the Claims Tribunal by its order dated 17.3.2007 required the appellants to deposit interest also within a period of one month from the date of the said order, namely, 17.3.2007.

7. Thereupon, the appellants filed recall application dated 3.4.2007 (Paper No. 20-Ga) before the Claims Tribunal, inter-alia, praying for recalling the said order dated 17.3.2007.

8. By the order dated 25.8.2007, the Claims Tribunal rejected the said application and required the appellants to comply with the said order dated 17.3.2007 within 7 days.

9. Thereafter, the aforesaid application has been filed on behalf of the appellants before this Court.

10. It is submitted by Sri M.D. Singh Shekhar, learned Senior Counsel appearing for the appellants that as per the terms and conditions of the said interim order dated 7.8.2006, the appellants were not required to deposit the interest awarded under the impugned award.

11. Having considered the submission made by Sri M.D. Singh Shekhar, learned Senior Counsel appearing for the appellants, I find myself unable to accept the same.

12. A perusal of the interim order dated 7.8.2006 shows that "the entire balance of the awarded amount” was required to be deposited with the Claims Tribunal within three months from the date of the said order, namely, 7.8.2006.

13. The words “awarded amount” evidently include the amount of interest awarded under the impugned award.

14. Therefore, the appellants were required to deposit the amount of interest also as awarded under the impugned award in order to comply with the terms and conditions of the said interim order dated 7.8.2006.

15. In my opinion, the Claims Tribunal has rightly passed the aforesaid orders dated 17.3.2007 and 25.8.2007.

16. Sri M.D. Singh Shekhar, learned Senior Counsel appearing for the appellants then submitted that reasonable time may be granted to the appellants to deposit the amount of interest als







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