WPMS/902/2011
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               Office Notes,
              reports, orders
SL.          or proceedings or
      Date                                             COURT'S OR JUDGES'S ORDERS
No            directions and
             Registrar's order
              with Signatures

                                 WPMS No.902 of 2011
                                 Hon'ble Sharad Kumar Sharma, J.

Mr. T.A. Khan, learned Senior Counsel assisted by Mr. Mohd. Shafy, learned counsel for the petitioner.

In the writ-petition in question, the challenge by the petitioner / employer, is to the order dated 31.07.2010 which was passed by the Court of Civil Judge (Senior Division), Kashipur, District Udham Singh Nagar, in Execution Case No.1 of 2010 and the consequential order dated 26.03.2011 which was passed by the Court of 3rd Additional District Judge, Udham Singh Nagar in Revision No.54 of 2010 to the writ-petition.

The controversy, which arose necessitating filing of the writ-petition, was for giving challenges to the two orders, which were emanating from the judgment and decree rendered by the Court of Civil Judge (Senior Division), Kashipur, District Udham Singh Nagar directing to deposit principal amount of ₹2,56,217=60 on 26.12.2006, as well as directing to pay interest on the amount even after 26.12.2006. As against this order, the revision was preferred and the same has been dismissed.

When the writ-petition was entertained, the Co-ordinate Bench had passed the following interim order on 10.05.2011, whereby it was directed that on the principal amount, which has already been deposited by the petitioner, he would pay a simple interest @ 9% and consequentially the execution proceedings were kept in abeyance.

"In view of the above fact, if the petitioner deposits simple interest at the rate of 9% per annum on the amount of Rs.2,56,217/- (from the date of filing the suit till 26.12.2006), the execution proceedings shall remain stayed."

It is contended by the petitioner that in compliance of the said order, apart from the fact that, he has deposited the principal amount and he has also deposited the interest @ 9%, as directed by the order of 10.05.2011.

Notices were issued to the respondents. Steps have been taken and there are two office reports i.e. office report dated 16.08.2019 that undelivered envelope has been received back as the recipient was not found at the given address and has left the address.

For the second time, when the directions were issued to take fresh steps by order of 26.08.2019. The steps were taken and there is an office report of 02.08.2023, that the recipient was not found at the address nor had the respondent filed any counter affidavit, as such.

So far as the issue pertaining to the payability of interest on the principal amount is concerned, that stood settled in terms of the interim order as passed by the Court for remittance of the interest @9% as against the principal amount of ₹2,56,217/-(from the date of filing of the suit till i.e. 01.07.2000 till 26.12.2006).

Since the respondent has not put in appearance to contest the proceedings, hence no interest would be paid to him beyond the period provided by the interim order of 10.05.2011.

(Sharad Kumar Sharma, J.) 03.08.2023 Sukhbant