Jharkhand High Court
Union Of India vs Smt. Preeti Jha & Ors on 5 May, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No. 127 of 2022
Union of India, Defence Estate Officer, Danapur, Bihar
... Petitioner
Versus
Smt. Preeti Jha & Ors. ... Opposite Parties
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioners : Mr. Anil Kumar, A.SG.I.
Mr. Pratyush Kumar, CGC.
For the Opp. Parties : Mr. H.K. Mehta, Adv.
05 / 05.05.2023 Heard the parties.
Learned ASGI submits that this civil miscellaneous
petition has been filed with a prayer to modify the decree
redrawn by the registry on 23.01.2019 in F.A. no. 88 of 2009, in
respect of the 12 awardees, who are respondent - opposite
parties nos. 1 to 12 of this petition. It is further submitted by
learned ASGI that vide order dated 24.02.2015 passed by this
court, the Union of India was directed to deposit 60% of the
awarded amount with the Registry by making a Fixed Deposit
in nationalized bank and the remaining 40% was directed to
be deposited by way of demand draft before the Registrar
General of this Court and the Union of India has complied the
said order and the document regarding the fixed deposit was
handed over to the registry of this court on 18.05.2015 and the
same has been kept in safe custody. So far as the remaining
40% of the awarded amount, it was ordered by this court in
the said first appeal that the same shall be released in favour
of the claimant on furnishing their personal bond and it has
been deposited by the Union of India with the Registrar
General of this court by way of demand draft dated 15.05.2015
on 18.05.2015. It is next submitted by learned ASGI that as per
the common judgment passed in F.A. No. 89 of 2009 and F.A.
no. 88 of 2009, the interest was to be paid by the Union of
India till the date of payment of the amount and since, the
Union of India as per the order of this court, has deposited the
amount, the same will amount to payment as on 18.05.2015,
hence the interest @ 12% at sl. no. '6' of each of the awards
prepared, in respect of the 12 respondents- opposite parties,
either individually or in groups, from 01.05.2009 to 10.01.2019
be modified by substituting "interest @ 12 % per annum from
01.05.2009 to 18.05.2015" instead of "interest from 01.05.2009
to 10.01.2019 "and the amount of interest shown, against sl.
no. '6' be reduced accordingly and consequently, the said
reduced amount of interest be also deducted from the total
amount to be paid as mentioned as sl. no. 9. In respect of his
contention, learned ASGI relies upon the Constitution Bench
judgment of the Hon'ble Supreme Court of India in the case of
Gurpreet Singh v. Union of India reported in (2006) 8 SCC 457,
para 52 of which reads as under :-
52. What is to happen when a part of the amount awarded by the
Reference Court or by the appellate court is deposited
pursuant to an interim order of the appellate court or of the
further appellate court and the awardee is given the liberty to
withdraw that amount? In such a case, the amount would be
received by the decree-holder on the strength of the interim
order and the appropriation will be subject to the decision in
the appeal or the further appeal and the direction, if any,
contained therein. In such a case, if the appeal is disposed of in
his favour, the decree-holder would be entitled to appropriate
the amount already received by him pursuant to the interim
order first towards interest then towards costs and the balance
towards principal as on date of the withdrawal of the amount
and claim interest on the balance amount of enhanced
compensation by levying execution. But on the part
appropriated towards the principal, the interest would cease
from the date on which the amount is received by the awardee.
Of course, if while passing the interim order, the court has
indicated as to how the deposited amount is to be
appropriated, that direction will prevail and the appropriation
could only be done on the basis of that direction.
Hence, it is submitted that the said modification be
done accordingly.
Mr. H.K.Mehta, learned counsel for the respondent -
opposite parties, on the other hand submits that neither 40%
amount has been released in favour of the respondents -
opposite parties, nor the Fixed Deposit , which has been made
by the Union of India, in the name of the Defence Estate
Officer, Danapur, the copy of which Fixed Deposit receipt has
been deposited with the Registrar General of this Court, has
been released in favour of the petitioner.
Having heard the submission made at the Bar and after
going through the materials in the record, since, the Union of
India, has deposited the money, 40% directly with the
Registrar General by way of demand draft and 60% by way of
Fixed Deposit receipts, which appears to be in terms of the
order passed by this court, whether or not the same was
released in favour of the respondents- opposite parties, for the
reasons which could not be brought to the notice of this court,
even though there is categorical direction of the court itself to
the effect, that upon the deposit of 40% amount, the same is to
be released to the respondents- opposite parties, still this court
is of the considered view that it will be unfair to saddle the
Union of India with the interest upon principal amount
mentioned in the individual award in respect of the 12
respondents- opposite parties for the period beyond
18.05.2015 and thus, registry of this court is directed to modify
the interest mentioned at. sl. no. '6' of each of the individual
awards, by confining it to the period of 01.05.2009 to
17.05.2015 instead of 01.05.2009 to 10.01.2019 and to reduce the
corresponding amount calculated in each of the awards and
also to reduce the amount of interest reduced upon the
shortening of the period for which the interest is payable, as
indicated above, from the total amount to be paid and to
prepare a fresh decree and also to release 40% of the amount
already deposited, and further the Defence Estate Officer,
Danapur, is directed to take the original Fixed Deposit receipt
from the Registrar General of this court, with an undertaking
to deposit the entire Fixed Deposit amount along with the
entire interest accrued thereon, with the Registrar General of
this court, within six weeks, from the date of this order.
It is made clear that as soon as the said Fixed Deposit
amount along with the interest thereon, is deposited by the
Defence Estate Officer, Danapur, with the Registrar General of
this court, the Registrar General of this court, will intimate
Mr. H.K. Mehta, learned counsel for the respondents-
opposite parties, or any other advocate appearing in the
record on behalf of the respondents- opposite parties of this
petition, and upon such information, the concerned
respondent- opposite party must furnish their bank account
number and identity proof to the Registrar General of this
court, for transfer of the amount so deposited with the
Registrar General to the bank account of the concerned
respondents- opposite parties, in terms of the modified decree
prepared in terms of this order.
In case, the amount deposited by the Union of India, is
more than the amount, which will be payable to the
respondents- opposite parties, then, the Union of India, will be
at liberty to make necessary application before the Registrar
General of this Court for refund of the said amount, and in
case the amount deposited by the Union of India is less than
the amount which is to be paid in terms of the award
modified in terms of the order passed in this case today, then
the Registrar General of this Court is directed to intimate the
same to the learned Additional Solicitor General of India or
any other Central government counsel appearing in the record
in writing, calling upon them to deposit the shortfall amount,
and upon such notice the Union of India is directed to deposit
the shortfall amount.
This Civil Miscellaneous Petition is disposed of
accordingly.
(ANIL KUMAR CHOUDHARY, J.)
AFR-Smita/-
