Delhi High Court
Master Gagand Deep Oberoi vs Shiv Shankar & Ors. on 23 July, 2009
Author: J.R. Midha
32
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.269/2009
Date of Decision: 23rd July, 2009
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MASTER GAGAND DEEP OBEROI ..... Appellant
Through : Mr. O.P. Mannie, Adv.
versus
SHIV SHANKAR & ORS. ..... Respondents
Through : Mr. Kanwal Choudhary, Adv.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may Yes
be allowed to see the Judgment?
2. To be referred to the Reporter or not? Yes
3. Whether the judgment should be Yes
reported in the Digest?
JUDGMENT (Oral)
1. The appellant has challenged the order of the learned
Tribunal dated 28th February, 2009 whereby the execution
application has been dismissed by the learned Tribunal.
2. The accident dated 25th February, 1994 resulted in the
death of Kakoli Oberoi. The deceased was survived by her
minor son who filed the claim petition before the learned
Tribunal. The learned Tribunal awarded compensation of
Rs.14,58,000/- along with interest @12% per annum from the
date of filing of the petition till realization vide award dated
14th May, 1999.
3. Respondent No.3 challenged the award before this
Court vide FAO No.393/1999 which was admitted on 2 nd
September, 1999. Vide ex-parte order dated 2nd September,
1999, this Court directed that 50% of the award amount
along with proportionate interest be released to the
claimants and the remaining 50% of the award amount along
with proportionate interest be deposited by respondent No.3
with the learned Tribunal within eight weeks.
4. In terms of the order dated 2nd September, 1999,
respondent No.3 deposited 50% of the award amount along
with proportionate interest which was released to the
petitioner. However, according to the learned counsel for the
petitioner, the remaining 50% of the award amount along
with interest was not deposited and, therefore, the petitioner
filed CM No.639/2000 which was disposed of vide order
dated 26th July, 2000. It was directed that the remaining 50%
of the award amount be paid over to the petitioners on
furnishing of the security to the satisfaction of the learned
Tribunal.
5. The learned counsel for the petitioner submits that he
did not receive any notice of deposit made in terms of the
order dated 26th July, 2000.
6. Vide order dated 9th January, 2008, the appeal of
respondent No.3 was dismissed by this Court.
7. On 20th August, 2008, the petitioner filed the execution
before the learned Tribunal in pursuance to which
respondent No.3 deposited Rs.12,28,165/- on 5th December,
2008. The petitioners have withdrawn the said amount.
8. According to the learned counsel for the petitioner,
respondent No.3 has paid the interest on 50% of the award
amount up to July, 2000 and the interest from July, 2000 to
December, 2008 is due and payable which amounts to
Rs.7,42,210/-.
9. There is no dispute that the entire award amount has
been paid by respondent No.3. The dispute is with respect to
the payment of interest on 50% of the award amount from
July, 2000 to December, 2008.
10. The learned Tribunal has not considered the
contentions raised by the petitioner and has also not given
any reasons in the impugned order. The petitioner's
execution application has been dismissed by an unreasoned
cryptic order.
11. In view of the above, the impugned order dated 28 th
February, 2009 is set aside and the matter is remanded back
to the learned Tribunal to consider the matter afresh after
hearing both the parties and pass a reasoned order dealing
with all the contentions raised by the petitioner. Nothing
contained herein be construed any opinion on the merits of
this case.
12. The parties are directed to appear before the learned
Tribunal on 20th August, 2009.
13. Copy of this order be given 'Dasti' to learned counsel
for the parties under the signature of Court Master.
J.R. MIDHA, J
JULY 23, 2009
aj
