WPMS/2357/2017
2022 Latest Caselaw 2881 UK

               Office Notes,
              reports, orders
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      Date                                   COURT'S OR JUDGES'S ORDERS
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                                 WPMS No. 2357 of 2017

                                 Hon'ble S.K. Mishra, J.

Mr. P.C. Maulekhi, the learned counsel for the review applicant.

Mr. Akshay Joshi, the learned counsel holding brief of Mr. Sandeep Kothari, the learned counsel for the respondent.

Heard on review application no. 11940 of 2022.

This is an application, seeking review of the judgment and order dated 10.11.2021, passed by this Court.

Learned counsel for the petitioner would submit that since the insurance company has deposited the entire awarded amount before the Tribunal along with interest on 17.07.2009, they are not liable to pay 8% interest on deposited amount, and, therefore, direction to pay 8% interest on the entire Rs. 5,00,000/- from 18.07.2009 till the actual realization of the amount should be deleted from the order.

Mr. Akshay Joshi, the learned counsel holding brief of Mr. Sandeep Kothari, the learned counsel for the respondent would submit that he has no instructions in the matter.

This Court is of the opinion that the submission made by the learned counsel for the insurance company is correct in view of the fact that they have already deposited the money before the Tribunal, therefore, they may not be again burdened with interest on the amount that they have already deposited.

Thus, review application is allowed. The expression "8% interest on the entire Rs. 5,00,000/- from 18.07.2009 till the actual realization of the amount" is hereby deleted from the order. The other prayer to deduct TDS is rejected.

(S.K. Mishra, J.) 09.09.2022 (Grant certified copy as per Rules) PV