Praant Kumar Patnaik vs State Of Odisha And Others
2023 Latest Caselaw 8487 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK


                                  W.P.(C) No.14462 of 2023

                 Praant Kumar Patnaik                  ....           Petitioner
                                                   Mr. V. Mahapatra, Advocate
                                            -versus-
                 State of Odisha and others            ....        Opp. Parties
                                                          Mr. P.C. Das, A.S.C.
                                         CORAM:

                            JUSTICE A.K. MOHAPATRA
                                         ORDER

Order No.                               03.08.2023
                                  I.A. No.10419 of 2023
    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. This application has been filed by the petitioner for modification of the order dated 09.05.2023 passed in W.P.(C) No.14462 of 2023.

3. It is submitted by learned counsel for the petitioner that while disposing of the writ application vide order dated 09.05.2023, this Court was directed for payment of the dues to the petitioner. However, while directing such payment of interest for the detailed rate of percentage of the interest has not specifically mentioned in the said order. Learned counsel for the petitioner in course of his argument referred to the judgment relied upon in the case of D.D. Tiwari (D) through LRS vrs. Uttar Haryana Bijli Bitaran Nigam and others : reported in (2014) 8 SCC 894. On such basis, learned counsel for the petitioner submitted that the order dated 09.05.2023 may kindly be modified to the extent by indicating the rate of interest // 2 //

in the prayer portion of the writ application.

4. Learned Additional Standing Counsel for the State, on the other hand, opposes the modification of the order dated 09.05.2023 by saying that the grant of the rate of interest 18% of the maximum penalty of interest to be paid for the period of delayed payment / disbursal of the dues. Therefore, the decision lies to the authorities to grant appropriate rate of interest to the petitioner.

5. Considering the submissions made by learned counsels for the respective parties, keeping in view the judgment referred to hereinabove i.e. D.D. Tiwari (D)through LRS vrs. Uttar Haryana Bijli Bitaran Nigam and others (supra), this Court deems it proper to the facts of the present case to the extent that the Opposite Parties shall be paid interest @ 18% per annum for delayed payment would be just and fair. Accordingly, it is directed that the Opposite Parties shall be paid the interest @ 18% per annum for the delayed in sanctioning and disbursing the dues as is admissible in favour of the petitioner. It is further directed that this direction shall be read in addition to the order dated 09.05.2023.

6. With the aforesaid direction, I.A. stands disposed of

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu

Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Secretary-in-Charge Reason: Authentication Location: OHC, CUTTACK Date: 04-Aug-2023 19:11:25