P. J. Rathod (Prabhubhai S/O Jadhavji ... vs Union Of India, Thr. Divisional Railway ...
2023 Latest Caselaw 11777 Bom

Bombay High Court

P. J. Rathod (Prabhubhai S/O Jadhavji ... vs Union Of India, Thr. Divisional Railway ... on 28 November, 2023

Author: Avinash G. Gharote

Bench: Avinash G. Gharote

                                                   1                            3.WP.6626-2023.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                             WRIT PETITION NO. 6626 OF 2023
            ( P.J. Rathod (Prabhubhai s/o Jadhavji Rathod)
                                   Vs.
 Union of India, Thr. Divisional Railway Manager (Engineering) & Anr. )

Office Notes, Office Memoranda                      Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                        Mr. C.B. Dharmadhikari, Advocate for the Petitioner.



                        CORAM:        AVINASH G. GHAROTE, J.

DATED : 28th NOVEMBER, 2023

Heard Mr. Dharmadhikari, learned counsel for the petitioner.

2. The petition raises an interesting question as to whether deposit of an amount in the Court can be held to be equivalent to the amount paid to the claimant/petitioner. In the instant case it is not disputed, that under the award dated 30.09.2006, the respondents were directed to pay the amount of Rs.3,31,998/- along with interest at the rate of 18% per annum from the date of the award till the actual payment of the said amount.

3. The application under Section 34 of the Arbitration and Conciliation Act, 1996, came to be dismissed by the judgment dated 31.08.2017 (page 64), which came to be challenged by way of an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, before this Court, in 2 3.WP.6626-2023.odt

which an amount of Rs.10,11,887/- came to be deposited in this Court, 50% of which permitted to be withdrawn by the petitioner in pursuance to the order dated 03.07.2018. The appeal came to be dismissed on 26.09.2019 consequent to which the balance amount along with interest accrued came to be withdrawn by the present petitioner. In execution proceedings, a claim was made for interest till 26.09.2019 the date of dismissal of the appeal which has been dismissed by the impugned order holding that on account of withdrawal as permitted by this Court claims to be satisfied.

4. Issue notice for final disposal to the respondents, returnable in two weeks.

5. The petitioner to serve the respondents by all modes permissible in law.

(AVINASH G. GHAROTE, J.)

SD. Bhimte

Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 28/11/2023 14:20:00