Reasoning
Decision
Patiala Inds.investment Co.(p) Ltd
v.
Union Of India
(Supreme Court Of India)
Special Leave Petition (Civil) Appeal No.3576 of 1999 | 12-01-2000
( 1 ). Substitution applications are allowed.
( 2 ) AFTER hearing the counsel for the parties, we are of the opinion that the judgment of the High Court calls for no interference except to the extent that, as fairly conceded by the Solicitor-General, that the enhanced rate of interest @ 24% will be chargeable only w. e. f. 22-7-1993.
( 3 ). Revised calculation of the amounts due and payable by the petitioners will be on this basis, will be served on the petitioners within one week from today. Within four weeks from the service of the revised demands 25 per cent of the amount due from each of the petitioners will be paid to the respondents. The balance amount will be paid within four months of the service of notice of demand. It is clarified that the interest will continue to run at the enhanced rate on the decreasing balance till the date of payment.
( 4 ). If the payment is made as directed by this order, the Solicitor-General states that the respondent will not exercise their right of re-entry/forfeiture under clause 17 or any other appropriate clause on the ground of delay in payment of the amounts due to the respondents.
( 5 ). The petitioners shall, within two weeks from today file applications for the grant of the occupation certificate which will be dealt with in accordance with law.
( 6 ). With the above observations these petitions are disposed of. Court Masters
( 2 ) AFTER hearing the counsel for the parties, we are of the opinion that the judgment of the High Court calls for no interference except to the extent that, as fairly conceded by the Solicitor-General, that the enhanced rate of interest @ 24% will be chargeable only w. e. f. 22-7-1993.
( 3 ). Revised calculation of the amounts due and payable by the petitioners will be on this basis, will be served on the petitioners within one week from today. Within four weeks from the service of the revised demands 25 per cent of the amount due from each of the petitioners will be paid to the respondents. The balance amount will be paid within four months of the service of notice of demand. It is clarified that the interest will continue to run at the enhanced rate on the decreasing balance till the date of payment.
( 4 ). If the payment is made as directed by this order, the Solicitor-General states that the respondent will not exercise their right of re-entry/forfeiture under clause 17 or any other appropriate clause on the ground of delay in payment of the amounts due to the respondents.
( 5 ). The petitioners shall, within two weeks from today file applications for the grant of the occupation certificate which will be dealt with in accordance with law.
( 6 ). With the above observations these petitions are disposed of. Court Masters
Advocates List
For the Appearing Parties B.K. Mishra, Ejaz Maqbul, F.S.Nariman, Gaurav Kumar, Gopal Subramanium, Harish N. Slave, Inderprit Singh, Indu Malhotra, K.K. Lahiri, Kamini Jaiswal, Madhu Shweta, Monica Arora, R.D.Upadhya, Raju Ramachandran, Sudhir Valia, Advocates.
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE MR. JUSTICE B.N. KIRPAL
HON'BLE MR. JUSTICE M.B. SHAH
HON'BLE MR. JUSTICE D.P. MOHAPATRA
Eq Citation
2003 (2) SCALE 10
(2003) 3 SCC 127
LQ/SC/2000/69
HeadNote
, Peons, Class IV and Other Staff of Delhi High Court — Recruitment — Recruitment Rules — Validity of High Court judgment upholding validity of High Court Rules — Substitution of respondents for petitioners — Constitution of India, Art. 136
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