2019 NearLaw (BombayHC Nagpur) Online 1977
Bombay High Court

JUSTICE Z. A. HAQ

Sayyad Asgheruddin Sayyad Mazaheruddin Vs. Patur Municipal Council

WRIT PETITION NO. 499/2019

19th July 2019

Petitioner Counsel: Shri P. S. Gawai
Respondent Counsel: Shri A. I. Sheikh
Act Name:

Heard Shri PS Gawai, Advocate for the petitioner and Shri AI Sheikh, Advocate for the respondent.
Learned Advocates for the respective parties submitted that the issue which falls for consideration in the petition is already decided by this Court in Writ Petition No1893/2019 (Patur Municipal Council V/s.
Adopting the reasons recorded in the order passed in Writ Petition No1893/2019 on 7th March 2019, following order is passed:
(i) It is held that the petitioner is entitled for interest at the rate of 6% per annum on the amount of Rs65,314/, interest being chargeable from 29th August, 2016.
If the respondent fails to pay the amount till 31st August 2019, the Chief Officer, Municipal Council, Patur shall be liable to pay interest at the rate of 10% to the petitioner from 1st November, 2019 till the amount is paid to the petitioner.
(ii) The learned Advocate for the petitioner submitted that for getting the legitimate claim, the petitioner is required to face four proceedings.
The amount of costs shall also be paid till 31st October, 2019.

Section :

Cases Cited :

JUDGEMENT

1. Heard Shri P.S. Gawai, Advocate for the petitioner and Shri A.I. Sheikh, Advocate for the respondent.

2. Rule. Rule made returnable forthwith.

3. Learned Advocates for the respective parties submitted that the issue which falls for consideration in the petition is already decided by this Court in Writ Petition No.1893/2019 (Patur Municipal Council V/s. Sayyad Asgheruddin Sayyad and another). Adopting the reasons recorded in the order passed in Writ Petition No.1893/2019 on 7th March 2019, following order is passed:
(i) It is held that the petitioner is entitled for interest at the rate of 6% per annum on the amount of Rs.65,314/­, interest being chargeable from 29th August, 2016. The respondent / Municipal Council shall pay the amount to the petitioner till 31st October, 2019. If the respondent fails to pay the amount till 31st August 2019, the Chief Officer, Municipal Council, Patur shall be liable to pay interest at the rate of 10% to the petitioner from 1st November, 2019 till the amount is paid to the petitioner.
(ii) The learned Advocate for the petitioner submitted that for getting the legitimate claim, the petitioner is required to face four proceedings. Considering the grievance made by the petitioner, respondent / Municipal Council is directed to pay costs of Rs.10,000/­ to the petitioner. The amount of costs shall also be paid till 31st October, 2019.
(iii) Rule is made absolute in the above terms.