Deorao [email protected] Gopal S/O Lakhaji ... vs Municipal Council Tumsar, ...
2021 Latest Caselaw 6223 Bom

                                                                                      1
                                                                         wp2051.2020.odt

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


                          WRIT PETITION NO.2051/2020

Deorao @ Gopal S/o Lakhaji Kirpane,
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.

wp2051.2020.odt

4. The reply of the respondent clearly acknowledges the fact

that still amount of Rs.13,11,742/- 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      Date: 2021.04.07
               17:02:12 +0530


Tambaskar.