Raj Singh vs Uoi &Ors.
2008 Latest Caselaw 1013 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+                   LA. APP. 361/2007

%                                   DATE OF DECISION : 11th JULY, 2008

      RAJ SINGH                               ..... Appellant
                             Through:   Mr. S. Chaturvedi, Advocate

                    versus

      UOI &ORS.                               ..... Respondent
                             Through:   Mr. Sanjay Poddar, Advocate for R-1.
                                        Ms. Renuka Arora, Advocate for R-
                                        2/DSIDC

CORAM:

HON'BLE MR. JUSTICE MUKUL MUDGAL
HON'BLE MR. JUSTICE MANMOHAN

1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporter or not?
3. Whether the judgment should be reported in the digest?

                             JUDGMENT

MUKUL MUDGAL, J: (ORAL)

CMA No. 16016/2007(delay)

This is an application seeking condonation of delay in filing the

accompanying appeal.

The delay is condoned, however, subject to the condition that no

interest would be paid for the period of delay i.e. 756 days. However, the

period of limitation i.e. 90 days will be excluded from the delayed period

while calculating the interest.

Accordingly, the application stands disposed of.

LA.APP. 361/2007

Without going into the merits of the allegations made against the

erstwhile counsel or without endorsing any of the complaint made by the

petitioner, we are of the view that interest of justice would be sub served by

allowing this petition in terms of connected appeal i.e. L.A. Appeal No.

866/2005 titled Mahender Singh Vs. UOI and Ors. decided on 11.5.2006 as

the issues involved in the present appeal is covered by the above said

judgment.

We reaffirm the said judgment and allow appeal in terms thereof and

direct that the enhanced amount, interest, solatium and other statutory

payments in accordance with the judgment in Mahender Singh Vs. UOI and

Ors. (Supra) be made. But, the appellant shall not be entitled to interest for

the period of delay i.e. of 756 days. However, the Appellant shall be entitled

to interest for the statutory period to file an appeal i.e. 90 days. Payments be

made not later than 31st October, 2008.

With the above directions, this appeal is disposed of along with the

applications. A copy of the judgment in Mahender Singh Vs. UOI and Ors

(Supra) be placed in this file. Decree sheet be prepared accordingly. No

orders as to costs.

MUKUL MUDGAL, J

MANMOHAN, J JULY 11, 2008 rb