Jharkhand High Court
Union Of India vs Smt. Urmila Devi & Ors on 5 May, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No. 128 of 2022
Union of India, Defence Estate Officer, Jharkhand, Bihar & Orissa
(JOB) Circle, Patna, Bihar ... Petitioner
Versus
Smt. Urmila Devi & Ors. ... Opposite Parties
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Anil Kumar, Addl. SG.I.
Mr. Pratyush Kumar, CGC.
For the Opp. Parties : Mr. H.K. Mahto, Adv.
05 / 05.05.2023 Heard the parties.
Learned A.S.G.I. submits that this civil miscellaneous
petition has been filed with a prayer to modify the decree
redrawn on 23.01.2019 in FA No. 89 of 2009 prepared by the
registry in this case, in terms of the common judgment passed
in F.A. No. 89 of 2009 and F.A. no. 88 of 2009, in respect of the
58 awardees, who are respondent - opposite parties nos. 1 to
58 of this petition. It is further submitted by learned ASGI that
vide order dated 05.09.2012 passed by this court, the Union of
India was directed to deposit 70% of the awarded amount by
making a Fixed Deposit in nationalized bank and the Union of
India complied the said order and the document regarding the
Fixed Deposit was handed over to the registry of this court
and the same has been kept in safe custody. It is further
submitted that the remaining 30 % of the awarded amount
was ordered to be released in favour of the claimant on
furnishing their personal bond. It is next submitted that in
compliance of the said order passed by this Court in F.A. No.
89 of 2009, the Union of India has deposited the demand
draft of Rs. 71,64,371/- with the Registrar General of this
court and also deposited the copies of the fixed deposit
receipts on 06.08.2013 which has been kept in safe custody of
this Court. It is next submitted by learned ASGI that in the
awards in respect of the said respondents- opposite parties, in
terms of the judgment passed in said First Appeal at sl. '9 ' of
each of the awards, is in respect of the interest @ 12% per
annum from 07.08.2013 to 10.01.2019 on the principal amount
in respect of each of the respondents- opposite parties, or a
group of the respondents - opposite parties of this civil
miscellaneous petition. It is next submitted by learned ASGI
that since the Union of India has already paid the said
amount by way of depositing 30% by way of demand draft
and depositing 70% with the Registry of this Court by way of
Fixed Deposit on 06.08.2013, hence, the Union of India is not
liable to pay the interest upon the same. In respect of his
contention, learned ASGI relies upon the 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 by learned ASGI that the awards
prepared in terms of the said judgment be modified by
deleting the sl. no. 9 and reducing the interest amount as
mentioned against sl. no. '9' from the amount mentioned at sl.
no. '11' of each of such award prepared, either in respect of
the one or more of the respondents- opposite parties.
Mr. H.K.Mehta, learned counsel for the respondent -
opposite parties, on the other hand submits that only 30% of
the amount has been released in favour of the respondents -
opposite parties, but 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 and
the said amount has not been released in favour of the
petitioner and it cannot be said that the 70 % amount has been
paid by the Union of India and in the absence of such fact, it
cannot be said that the Union of India is not to pay the interest
in respect of the said 70% amount.
Having heard the submission made at the Bar since, the
Union of India, has deposited 30% of the money, directly with
the Registrar General, which has already been released to the
respondents- opposite parties and in respect of remaining
70% 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, still the Union of India cannot be penalized for being
saddled with the interest thereon @ 12% per annum.
Accordingly, the registry of this court is directed to
delete the Sl. no. '9' of each of the awards, prepared in
respect of one or group of the respondents - opposite parties
of this civil miscellaneous petition and to reduce the said
amount of interest from Sl. no. '11' and to prepare a fresh
decree and further the Defence Estate Officer, Danapur, in
whose name the Fixed Deposits has been prepared, 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/-
