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2018 Supreme(Tri) 305

S. TALAPATRA
Union of India, represented by – The Assistant Defence Estate Officer, Lichubagan – Appellant
Versus
Sunil Chandra Saha, son of Abani Mohan Saha – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Bidyut Majumder, CGC. Mr. Bishwanath Majumder, CGC
For the Respondent:Mr. A. De, Advocate Mr. D. C. Saha, Advocate

JUDGMENT AND ORDER :

1. Heard Mr. Bidyut Majumder, learned Central Government counsel and Mr. Bishwanath Majumder, learned Central Government Counsel appearing for the petitioners as well as Mr. A. De and Mr. D. C. Saha, learned counsel appearing for the Decree Holder-respondents respectively in CRP No.03 of 2018 and CRP No.02 of 2018 and CRP No.12 of 2018.

2. All these petitions filed under Article 227 of the Constitution of India are combined for disposal by a common judgment inasmuch as the controversies raised in these petitions are common and the determination of the liability to pay finally would depend upon the decision of those common issues which are as under:

(i) Whether the interest on the solatium would be uniformly calculated w.e.f. 19.09.2001 (the date when the judgment in Sunder Vs. Union of India reported in (2001) 7 SCC 211 was pronounced)?

(ii) Whether at the time of deposit of money if in the calculation sheet it is shown that under what head what money has been deposited would it be binding on the parties or in other words, the court would be governed by such division of deposit?

3. Mr. Bidyut Majumder, learned counsel who has appeared for the petitioners in CRP No.0


























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