Ramesh Singh vs Shri P.K. Chaturvedi
2025 Latest Caselaw 3970 MP

Madhya Pradesh High Court

Ramesh Singh vs Shri P.K. Chaturvedi on 4 February, 2025

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

         NEUTRAL CITATION NO. 2025:MPHC-JBP:5418




                                                                1                           CONC-4243-2023
                             IN      THE      HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       BEFORE
                                    HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
                                                 ON THE 4 th OF FEBRUARY, 2025
                                         CONTEMPT PETITION CIVIL No. 4243 of 2023
                                                 RAMESH SINGH AND OTHERS
                                                           Versus
                                                   SHRI P.K. CHATURVEDI
                          Appearance:
                             Shri Sneh Mishra - Advocate for the petitioners
                             Shri C.M. Tiwari - Advocate for the respondent.

                                                                    ORDER

The learned counsel for the parties have been heard in this case on the point whether respondent has committed contempt of order dated 5.7.2022 passed in M.A. No.1383 of 2009 (Ramesh Singh and another Vs. Union of India).

2. The relevant para passed in M.A. No.1383 of 2009 is reproduced below :-

"In view of such facts, this Court is of the opinion that interest is payable and appellants are entitled to interest @ 7% per annum as awarded by learned Railway Claims Tribunal from the date of filing of the claim petition till the date of actual payment and not from the date of judgment as has been ordered by the learned Claims Tribunal.

In above terms, appeal is allowed and disposed of."

3. Being dissatisfied with the compliance of aforesaid order dated 5.7.2022 passed in M.A. No.1383 of 2009, this case has been filed on 19.6.2023.

NEUTRAL CITATION NO. 2025:MPHC-JBP:5418

2 CONC-4243-2023

4. Learned counsel for both the parties were heard and on 08.12.2023 following order was passed :-

"Learned counsel submits that the petitioner has received an amount of Rs.4,00,000/- Rs.2,90,203/- (towards interest) total amounting to Rs.6,90,203/-.

Considering the aforesaid, a perusal of the reply does not clarify that under which head and for which period, the interest has been counted and paid by the respondents.

Accordingly, the respondents are directed to bring on record the chart in tabular form to demonstrate that under which head and for which period dues have been paid and how the interest has been calculated.

List in the week commencing 08/01/2024."

5. Thereafter, the Railway on 14 th December 2023 has filed a chart showing the status as under :-

                          Particulars                     Date                          Amount (Rs.)
                          Date of institution/filing of
                                                          28/08/1998
                          claim application
                          Date of Judgment/decision       12/11/2008
                          Decreetal Amount                                              4,00,000/-
                          Decreetal amount paid on        03/02/2009                    4,00,000/-
                          Interest @ 7% paid from date

of filing claim application till 28/08/1998 till 05/01/2009 2,90,203/- actual payment Total amount paid alongwith 6,90,203/-

interest

6. The petitioner has not disputed that they have received an amount of Rs.6,90,203/- (Rs. 4 lacs plus interest Rs.2,90,203/-).

7. Argument of learned counsel for the petitioner is that interest in the year 2022 has been paid only till 05.01.20 09 after court's order dated

NEUTRAL CITATION NO. 2025:MPHC-JBP:5418

3 CONC-4243-2023 5.7.2022.

8. This court after perusal of record and consideration of arguments is prima facie of the view that the interest on interest would not payable in the light of Section 3 (c) of the Interest Act 1978 which prohibits the Court to award interest upon interest. Earlier the Railway Claims Tribunal had not awarded any interest and it was only on the basis of order dated 5.7.2022 passed in M.A. No.1383 of 2009 that interest of an amount of Rs.2,90,203/- was paid. Therefore, prima facie there is no willful disobedience of any order. Therefore, this contempt case is not maintainable. However, if any grievance remains, the petitioners are always free to seek an appropriate remedy, if they so desired as per law.

9. With the aforesaid liberty this contempt case is dismissed as infructuous.

(AVANINDRA KUMAR SINGH) JUDGE bks