Anandrao S/O Narayan Jangle vs Municipal Council Tumsar Through ...
2021 Latest Caselaw 6222 Bom

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                                                                         wp2466.2020.odt

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                      NAGPUR BENCH : NAGPUR.


                          WRIT PETITION NO.2466/2020

Anandrao S/o Narayan Jangle,
aged about 61 Yrs., Occ. Retired,
R/o Makde Nagar, Tumsar,
Tah. Tumsar, Dist. Bhandara.                                                    ..Petitioner.

               ..Vs..

Municipal Council, Tumsar,
Tah. Tumsar, Dist. Bhandara,
through its Chief Officer.                                                  ..Respondent.
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Shri Krishna S. Motwani, Advocate for the petitioner.
Shri Tejas Deshpande, Advocate for the respondent.
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                              CORAM :- SUNIL B. SHUKRE AND
                              AVINASH G. GHAROTE , JJ.

DATED :- 7.4.2021

ORAL JUDGMENT (Per Sunil B. Shukre, J.)

Hearing is conducted through Video Conferencing and all

the learned Advocates agreed that the audio and visual quality is

proper.

2. Heard Shri Krishna S. Motwani, learned counsel for the

petitioner and Shri Tejas Deshpande, learned counsel for the

respondent.

3. Rule. Rule is made returnable forthwith. Heard finally by

consent.

wp2466.2020.odt

4. The reply of the respondent dated 26.2.2021 clearly

acknowledges the fact that still amount of Rs.21,50,517/- is

outstanding. It also indicates that the respondent is ready to pay the

same in instalments as the respondent is presently experiencing some

financial difficulties. In view of the above, we find that this petition

can be allowed in terms of prayer clause (i) with some modification

and it is allowed accordingly. The respondent is directed to pay the

aforestated outstanding amount to the petitioner in six equal monthly

instalments starting from the month of June, 2021. However, the

prayer for grant of interest is rejected. At the same time, we direct

that if the outstanding amount is not paid to the petitioner fully within

the time stipulated by this Court, the respondent would be under

liability to pay interest on the outstanding amount from the date on

which it became due and payable to the petitioner till it is actually

paid to the petitioner at the rate of 7% per annum simple interest.

Rule accordingly. No costs.

                    JUDGE                                         JUDGE




                         Digitally signed by
             Nilesh      Nilesh Tambaskar

Tambaskar. Tambaskar Date: 2021.04.08 10:16:09 +0530