Punjab Fuel Industries And Anr vs Anirudh Tewari And Anr
2023 Latest Caselaw 1118 P&H

COCP-2039-2015                                                          1

    IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
                HARYANA AT CHANDIGARH

                                                  COCP-2039-2015 (O&M)
                                                 Date of decision: 18.01.2023

Punjab Fuel Industries and another                              ...Petitioners

                                        Versus

Anirudh Tewari and another                                    ...Respondents

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:-   Mr. Lokesh Sinhal, Advocate
            for the petitioners.

            Mr. Ajit Singh Natt, AAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral)

The petitioners are alleging violation of order dated 16.09.2014

passed by this Court in CWP-9733-2011, vide which the following

observations were made:

"Keeping in view the observations of the Division Bench, as reproduced above, it is apparent that the present cases are squarely covered by the same. Accordingly, all the writ petitions are allowed. The State is directed to make payment of the subsidy amount along with interest @ 8% per annum, from the date of entitlement as the petitioner has been wrongly deprived of his legal entitlement, which had been promised to him. The said amount be paid within a period of 4 months from the receipt of a certified copy of this judgment."

Learned State counsel, on the basis of the affidavit the Deputy

Director (Incentive), Industries & Commerce, Punjab, submits that the

entire amount along with interest has been paid to the petitioners.

Learned counsel for the petitioners, however, submits that as

per aforesaid order, the interest @ 8% per annum was to be paid from the

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date of entitlement, whereas it has been paid from the date of passing of the

order.

A perusal of order dated 16.09.2014 would reflect that it is

nowhere mentioned in the order that as to what will be the date for payment

of interest and since it was kept open, no further ground is made out to

continue with the present contempt petition.

Accordingly, the present petition is disposed of.

Rule stands discharged.

The petitioners are granted liberty to avail their alternative

remedy in accordance with law, if so required.

18.01.2023                                    (ARVIND SINGH SANGWAN)
Waseem Ansari                                          JUDGE


                Whether speaking/reasoned                     Yes/No

                Whether reportable                            Yes/No




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