Delhi High Court
Pradeshiya Industrial And ... vs Airports Authority Of India & Ors on 20 January, 2011
Author: Dipak Misra,Chief Justice
1.
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 55/2011
PRADESHIYA INDUSTRIAL AND INVESTMENT CORP OF
UP LTD. ..... Appellant
Through Mr. Arvind Varma, Sr. Advocate
with Mr. Ajay Kholi & Mr. Deependranarain
Singh, Advocates.
versus
AIRPORTS AUTHORITY OF INDIA & ORS...... Respondents
Through Mr. Digvijay Rai, Advocate for
respondent Nos. 1 to 3.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJIV KHANNA
ORDER
% 20.01.2011
CM No. 767/2011
Exemption application is allowed, subject to all just exceptions.
CM No. 769/2011
This is an application for condonation of delay of ten days in
filing the appeal. Having heard Mr. Arvind Varma, learned senior
counsel along with Mr. Ajay Kholi, learned counsel for the appellant
and Mr. Digvijay Rai, learned counsel for the respondent Nos. 1 to 3,
we find that sufficient cause exist for condonation of delay and
accordingly the delay in filing the appeal stands condoned.
The application is disposed of.
LPA No. 55/2011
As we have condoned the delay, we are inclined to take up the
appeal for admission and final disposal.
2. The present appeal is directed against the order dated 23 rd
November, 2010 passed by the learned single Judge in Writ Petition
(Civil) No. 7949/2009. The learned single Judge in paragraph 11 has
directed as follows:-
"11. Accordingly, following the judgment
of the Supreme Court in State of U.P. v.
Hindustan Unilever Limited it is directed
that Respondent No. 1 will pay to the
Petitioners the principal amount together
with interest amounts till date as per the
Schedule which is annexed at P-24 of the
paper book within a period of twelve weeks
from today failing which the Respondent
No. 1 will pay penal simple interest at 15%
per annum for the period of delay."
3. In Court learned counsel appearing for the appellant has
submitted that he does not intend to challenge any other aspect of the
order passed by the learned single Judge and the appellant corporation
is prepared to pay simple interest @ 13% during the tenure of the bond
till 10th January, 2009 and thereafter 9.5% simple interest till the date
of actual payment.
4. Learned counsel for the respondent Nos. 1 to 3 has submitted
that the order passed by the learned single Judge being flawless, this
Court should not interfere.
5. Having heard the learned counsel for the parties, we are inclined
to modify the order of the learned single Judge to the extent that the
appellant shall pay 13% interest till the maturity of the bond as per the
terms and conditions stipulated in the bond and thereafter @ 9.5%
interest till the date of actual payment. The amount shall be computed
and be paid to the respondent Nos. 1 to 3 by 30th April, 2011.
6. With the aforesaid modification in the order of the learned single
Judge, the appeal stands disposed of without any order as to costs.
CHIEF JUSTICE
SANJIV KHANNA, J.
JANUARY 20, 2011
VKR
