Location: High Court of Orissa, Cuttack

Date: 01-Dec-2025 13:02:00

IN THE HIGH COURT OF ORISSA AT CUTTACK

C.M.P. No.912 of 2025

(In the matter of an application under Articles 226 & 227 of the

Constitution of India)

Union of India and others …. Petitioners

-versus-

Parbati Das and another …. Opposite Parties

Advocate(s) appeared in this case:-

For Petitioners : Mr. B.B. Mishra,

Senior Panel Counsel

For Opposite Parties : Mr. K.K. Jena, Advocate

For O.P. No.1

CORAM: JUSTICE B.P. ROUTRAY

JUDGMENT

25^th November 2025

B.P. Routray, J.

1. Heard Mr. B.B. Mishra, learned Senior Panel Counsel for the Petitioner-Union of India and Mr. K.K. Jena, learned counsel for the

Opposite Party No.1.

2. Present Petitioner, the Union of India represented by General Manager, East Coast Railway, Bhubaneswar, has preferred the present

Location: High Court of Orissa, Cuttack Date: 01-Dec-2025 13:02:00 C.M.P. challenging the order dated 20.03.2025 of learned Executing Court passed in Execution Case No.25 of 2021.

3. The background facts of the case is that, present Opposite Party No.1 filed C.S. No.102 of 2009 praying for realization of compensation to the tune of Rs.10,00,000/- from Railways and the learned trial court vide judgment and decree dated 06.01.2015 directed for payment of compensation to the tune of Rs.4,00,000/- along with 8% interest from the date of filing of the suit till actual realization. The same was challenged in first appeal and the first appellate court vide judgment dated 16.07.2019 modified the compensation amount to Rs.8,15,400/- payable along with interest @8% per annum from the date of filing of the suit, i.e.15.07.2009, till realization with default clause that failing to pay the amount directed on the part of the Railways then they are liable to pay the amount along with interest @12% per annum after completion of two months from the date of judgment of the first appellate court till realization of payment.

4. Against the first appellate court’s judgment, both parties preferred second appeals before this Court and both the second appeals Location: High Court of Orissa, Cuttack Date: 01-Dec-2025 13:02:00 were dismissed on 14.12.2021 confirming the direction of the first appellate court.

5. Thereafter, the claimant-Plaintiff filed Execution Case and the Executing Court in the impugned order interpreted the direction of the first appellate court to direct the Railways to pay compensation amount along with interest @12% per annum from the date of filing of the suit, i.e. 15.07.2009, on the ground that the Railways have failed to make payment within two months in terms of the direction of the first appellate court.

6. Admittedly after dismissal of the second appeals preferred by both parties, the compensation amount was deposited on 29.06.2022 and payment was made in favour of the Plaintiff. The entire dispute revolves on the interpretation of the direction of the first appellate court concerning whether interest at the rate of 8% or 12% is applicable on the award amount. The compensation amount is to the tune of Rs.8,15,400/- and as per the direction of the first appellate court, the same will carry interest @8% from the date of filing of the suit, i.e.15.07.2009. There is no dispute about the same regarding payment of interest @8% with effect from 15.07.2009. As per the Location: High Court of Orissa, Cuttack Date: 01-Dec-2025 13:02:00 interpretation of the learned Executing Court, the same would be converted to 12% since the Defendant has defaulted in making payment of the compensation amount within a period of two months as per the direction of the first appellate court. In view of such dispute, it is important to re-produce the ordering portion of the first appellate court which reads as follows:-

“The R.F.A be and the same preferred by the appellant-plaintiff is allowed in part on contest against the respondents no.l to3 and ex-parte against respondent no.4, but without any cost. The Respondent No.1 Is directed to pay the total compensation amoun