BARODA RAYON CORPORATION LTD Vs. TEJALBEN ASHWINBHAI DESAI
LAWS(GJH)-2020-3-407
HIGH COURT OF GUJARAT
Decided on March 13,2020

BARODA RAYON CORPORATION LTD Appellant
VERSUS
Tejalben Ashwinbhai Desai Respondents

JUDGEMENT

- (1.) This is for the second time, a Note is being circulated by the Office for clarification in the order on the ground that the order dated 19.08.2019 does not contain any direction as to the amount to be paid to the respondent No.1 with interest.
(2.) The relevant part of the Note is reproduced hereunder : "In this connection, it is further respectfully submitted that the Hon'ble Court has directed to pay the amount of Rs.3,59,449/- (Rupees Three Lakh Fifty Nine Thousand Four Hundred Forty Nine Only) to the respondent No.1 and balance amount i.e. Rs.2,45,594/- (Rupees Two Lakh Forty Five Thousand Five Hundred Ninety Four Only) is to be returned to the petitioner-Company. Therefore as per the earlier order dated-19/08/2019, the Registry had partly encashed the FDR by Rs.2,45,594/- (Rupees Two Lakh Forty Five Thousand Five Hundred Ninety Four Only) with interest to make payment to petitioner and received the amount of Rs.2,51,423 (Rupees Two Lakh Fifty One Thousand Four Hundred Twenty Three Only) which was paid to the petitioner vide Cheque No.230378 Dated-20/11/2019 drawn in favour of "Baroda Rayon Corporation Ltd.". While the balance amount of Rs.3,59,449/- (Rupees Three Lakh Fifty Nine Thousand Four Hundred Forty Nine Only) was encashed with interest and an amount of Rs.3,72,425/- (Rupees Three Lakh Seventy Two Thousand Four Hundred Twenty Five Only) has been received by the registry which is lying 489/03/20 with the Personal Leger Account of the High Court of Gujarat. In this connection, it is further respectfully submitted the the Hon'ble Court has directed to pay the amount of Rs.3,59,449/- (Rupees Three Lakh Fifty Nine Thousand Four Hundred Forty Nine Only) to the respondent No.1 but there is no direction given by the Hon'ble Court with regard to payment of interest accrued on the amount invested in fixed deposit. However, it is to draw the kind attention to the fact that, payment has been made to the petitioner company - Baroda Rayon Corporation Ltd. inclusive of interest proportionate to the amount eligible for payment i.e. Principal amount Rs.2,45,594/- (Rupees Two Lakh Forty Five Thousand Five Hundred Ninety Four Only) + interest accrued on that amount Rs.5,829 (Rupees Five Thousand Eight Hundred Twenty Nine Only)."
(3.) On perusal of the aforesaid Note, the Registry is directed to pay an amount of Rs. 3,72,425/- (Rupees Three Lakh Seventy Two Thousand Four Hundred Twenty Five Only), which is inclusive of interest accrued on the amount invested in fixed deposit to the respondent No.1 within a period of one week from today.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.