Municipal Corporation Of Delhi vs Arora Estates Pvt. Ltd. And Ors.
2005 Latest Caselaw 674 Del

Citation : 2005 Latest Caselaw 674 Del
Judgement Date : 29 April, 2005

Delhi High Court

Municipal Corporation Of Delhi vs Arora Estates Pvt. Ltd. And Ors. on 29 April, 2005

Author: B Patel

Bench: B Patel, B D Ahmed

JUDGMENT

B.C. Patel, C.J.

1. The learned counsel for the appellant states that notice be issued with a view to see that the Corporation can save some amount of interest. The learned Single Judge had directed the appellant to pay interest at the rate of 10% p.a. on the amount deposited by the original petitioners.

2. Grant of interest being a discretionary relief, ordinarily the appellate court is not required to interfere. In the instant case, the admitted fact is that amounts were received by the Corporation for handing over of the plots, but, for some reason possession of the same could not be delivered and it was not the fault of the persons who paid the amounts to the Corporation. As the Corporation enjoyed the amounts deposited by the petitioners, obviously, they are required to return the same with interest. Therefore, no interference is called for.