Union Of India vs Atam Vijay Gupta And Another
2021 Latest Caselaw 1129 j&K

                                                                           6

       HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                       AT JAMMU

                                             APCIV No. 175/2010


Union of India                                    .....Petitioner/Appellant(s)

                       Through: Mr. Vishal Sharma, ASGI
                 Vs.

Atam Vijay Gupta and another                              ..... Respondent(s)

                       Through: None

Coram: HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE

                                 ORDER

1. This is an application seeking release of the amount of Rs. 11,00,000/-

deposited before the Registry of this Court in terms of order dated

28.10.2009. It is contended that vide order dated 26.09.2007 passed by

the District Judge, Rajouri in an execution petition Union of India was

directed to pay an amount of Rs. 18,22,831/- on account of interest and

in terms of the said order an amount of Rs. 2,82,172/- and further an

amount of Rs. 7,86,393/- was deposited by the SBI bank with the

District Judge Rajouri which was, subsequently, withdrawn by the non-

applicant/decree holder.

2. It is contended that aggrieved of the order dated 26.09.2007 the Union of

India filed CIMA No. D-80/2008 along with an application for

condonation of delay and this Court vide order dated 23.04.2010

modified the judgment only to the extent that the interest @12% was

required to be paid on the total amount of Rs. 13,47,570/- till 23.11.1995

when this Court directed that 50% of the amount be deposited, which

was deposited and subsequently released in favour of the claimant.

3. It is further contended that interest @ 12% has to be paid on the

remaining amount of Rs. 6,73,785/- till the amount was deposited before

the District Judge, thus, the non-applicant/decree holder is entitled to an

amount of Rs. 4,58,540/- on account of interest @ 12% which was

required to be paid on the total amount of Rs. 13,47,570/- till 23.11.1995

and further an amount of Rs. 5,27,655/- on account of interest @ 12%

which has to be paid on the remaining amount of Rs. 6,73,785/- till

04.06.2002, thus, the non-applicant/decree holder was entitled to an

amount of Rs. 9,86,195/- on account of interest, whereas he has received

an amount of Rs. 10,68,565/-. As such, an amount of Rs. 82,370/- is

recoverable from the non-applicant/decree holder and an application for

release of the said amount has been moved before the District Judge,

Rajouri.

4. It is contended that in terms of order dated 12.07.1995 passed by this

Court, the Union of India has deposited 50% of the compensation before

the Registrar Judicial of this Court, however, in view of the judgment

dated 23.04.2010, whereby the award passed by the District Judge,

Rajouri has been modified, the Union of India has moved an application

before the Registrar Judicial for release of amount of Rs. 11,00,000/-

deposited in terms of order dated 28.10.2009 as the non-applicant Atam

Vijay Gupta has already received an amount of Rs. 82,370/- in excess as

allowed by this Court vide judgment dated 23.04.2010.

5. Mr. Vishal Sharma, learned ASGI submits that the Union of India has

wrongly deposited an amount of Rs. 11,00,000/- which exceeds the

amount which is required to be released in favour of the Union of India.

exceed

6. Accordingly, this application is disposed of with a direction to the

Registry to verify and release the excess amount, if any, deposited by the

Union of India in terms of judgment dated 23.04.2010 passed by this

Court in CIMA No. D-80/2008.

(Tashi Rabstan) Judge JAMMU 16.09.2021 Pawan Angotra

PAWAN ANGOTRA 2021.09.18 13:32 I attest to the accuracy and integrity of this document