United India Insurance Co. Ltd vs Makin Developers Pvt. Ltd
2024 Latest Caselaw 515 UK

Uttarakhand High Court

United India Insurance Co. Ltd vs Makin Developers Pvt. Ltd on 1 April, 2024

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                    HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
                                          AND
                      HON'BLE SRI JUSTICE RAKESH THAPLIYAL

                   APPEAL FROM ORDER NO. 109 OF 2024
                              01ST APRIL, 2024
United India Insurance Co. Ltd.                                .....Appellant.
                                       Versus

Makin Developers Pvt. Ltd.                                     ....Respondent.

Counsel for the Appellant                  :       Mr. Naresh Pant, learned counsel.

Counsel for the Respondent                 :       Mr.   Piyush    Garg,    learned
                                                   counsel.

The Court made the following:

JUDGMENT:

(per Hon'ble The Chief Justice Ms. Ritu Bahri)

For the reasons stated in the affidavit, filed in

support of the delay condonation application (IA No.01 of

2024), delay condonation application is allowed, and the

delay of 26 days is condoned.

2. After hearing learned counsel for the parties, the

short question which requires consideration is whether the

interest, as awarded by order dated 22.12.2023 to the

respondent herein w.e.f. 01.08.2012, can be modified.

3. Learned counsel for the Insurance Company-

appellant, states that the rate of interest should have been

awarded from 30.07.2015, when the Suit was filed. This

prayer of learned counsel for the appellant is reasonable, and

is being accepted.

4. Learned counsel for the Insurance Company

further says that if the rate of interest is modified from

01.08.2012 to 30.07.2015, the Insurance Company will make

the entire payment to the respondent within three weeks, and

will inform to this Court.

5. Keeping in view the above statement of learned

counsel for the Insurance Company, the order dated

22.12.2023 is being modified, and the amount of

Rs.18,73,500/- shall be paid to the respondent with interest

@ 9% w.e.f. 30.07.2015, within a period of three weeks, and

learned counsel for the Insurance Company will inform to this

Court about the said payment.

6. The present appeal is disposed of accordingly.

7. Pending application, if any, also stands disposed of.

(RITU BAHRI, C.J.)

(RAKESH THAPLIYAL, J.) Dated: 01st April, 2024 NISHANT