HANSI IMPROVEMENT TRUST Vs. NARINDER KUMAR JAIN AND ORS.
LAWS(P&H)-2011-1-418
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 24,2011

Hansi Improvement Trust Appellant
VERSUS
Narinder Kumar Jain And Ors. Respondents

JUDGEMENT

Ram Chand Gupta, J. - (1.) THE present revision petition has been filed under Article 227 of the Constitution of India for quashing of order dated 19.05.2010, Annexure P7, passed by learned Civil Judge(Senior Division), Hisar in the execution petition filed by the present Respondents holding that the Petitioner -judgment debtor is still liable to pay an amount of Rs.67,59,796/ -as per the calculation upto 25.01.2010 alongwith interest till its realization and the date has been fixed for payment on 31.05.2010.
(2.) I have heard learned Counsel for the parties and have gone through the whole record including the impugned order passed by learned trial Court. It has been contended by learned Counsel for the Petitioner -judgment debtor that learned executing Court while passing impugned order has calculated interest on solatium from the date of award whereas the same should have been calculated from 19.09.2001 in view of pronouncement of judgment by Hon'ble Supreme Court in, 2008(2) RCR 207, Gurpreet Singh v. Union of India. Hence, it is contended that impugned order, Annexure P7 passed by learned executing Court be modified to this extent only.
(3.) ON the other hand, it has been contended by learned Counsel for the Respondents No. 1 to 24 that in this case the interest on solatium has been specifically allowed by learned reference Court as well as by this Court and that hence, ratio of Gurpreet Singh's case (supra) is not applicable to the facts of the present case and hence, it is contended that learned executing Court has rightly calculated the interest on solatium from the date of award.;


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