Smt Neelam v. Union of India

ORDER %

24.11.2011 CM No. 11117/201 Ifdelay) in FAQ No. 268/2011 CM No. 11134/201 Kdelav) in FAQ No. 269/2011 In a batch of these appeals, the appellants are seeking modification of the order passed by the learned Railway Claims Tribunal. counsel for the appellants submits that the appellants have been denied interest from the date of filing of the claim application before the Railway Claims Tribunal. Counsel submits that in all these matters the appellants have been granted interest @9% p.a. from the date of the said order. Counsel also submits that the appellants are entitled to interest @ 12% p.a. from the date of filing of the claim petition and not from the date of passing of the order. In support of his arguments, counsel for the appellants has placed reliance on the orders passed by this court in FAO No. 125/2011 and FAO NO. 241/2011. I have heard learned counsel for the parties. In the aforesaid appeals i.e. FAO No. 125/2011 and FAO No. 241/2011, based on the decision of the Supreme Court in Tahazhathe P. Sarabi Vs. UOI 2009 Vol. 7 SCC 372, this court granted interest (§) 12 % p.a from the date of the claim appUcation before the Railway Claims Tribunal. This court is not taking any different view than the one taken by Justice Valmiki J. Mehta in the aforesaid appeals. The present appeals are also accordingly disposed of directing the respondents to pay interest @ 12% p.a. to the appellants from the date of filing of the claim petition before the Railway Claims Tribunal. The appellants shall not be entitled to the interest for the delayed period in preferring the appeal. With the aforesaid directions, the appeals stand disposed of. NOVEMBER 24, 2011 mg A KAILASH GAMBHIRJ

* IN THE HIGH COURT OF DELHI AT NEW DELHI FAO 268/2011 UDAIVIR SINGH & ORS Appellant Through Mr.N.K. Gupta, Adv. versus UNION OF INDIA Respondent Through:Mr. K.C.Bajaj, Adv. Mr. Amit Dubey, Adv. And FAO 269/2011 SUSHMA & ORS Appellant Through Mr.N.K. Gupta, Adv. versus UNION OF INDIA Respondent ThroughrMr. K.C.Bajaj, Adv. Mr. Amit Dubey, Adv. And FAO 271/2011 SMT NEFLAM Appellant Through Mr.N.K. Gupta, Adv. versus UNION OF INDIA Respondent ThroughrMr. K.C.Bajaj, Adv. Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Mr. AmitDubey,Adv. ^3^ CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR