M.P. Housing Board And Others v. M/S V. Shridharan

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Civil Revision No.

of

1. M.P. Housing Board through the Chairman M.P. Housing Board.

2. Deputy Housing Commissioner, M.P. Housing Board, Durg

3. Executive Engineer, M.P. Housing Board Bhilai, Distt. Durg (M.P.) ---- Applicants

Versus

M/s. V. ShriDharan, A registered partnership firm, Block No.7, Paradise Complex, Porsibhata, Durg, through its partner V. Shridharan ---- Respondent For Applicant:

Mr. Sanjay Patel, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /0 9 /201 Heard.

(1) This revision has been filed under Section 19 of M.P. Madhyastham Adhikaran Adhiniyam, 1983 challenging the award dated 21st March, 1997 passed in Reference Case No. 106/94 whereby learned Tribunal has awarded Rs. 91,561/- as balance amount of escalation along with 12% interest per annum from the date of filing of the petition to the date of award and 18% interest per annum future interest from the date of award till realization. (2) Learned counsel for the applicant would submit that such a

finding recorded by the Tribunal granting balance amount of escalation with interest is perverse to the record and for which respondent is not entitled and, therefore, it is liable to be set aside.

(3) After having heard learned counsel and having perused the record, this Court is of the opinion that order directing payment of 91,561/- as balance amount of escalation with interest is a ₹ finding of fact based on evidence available on record, it is neither perverse nor contrary to the record, and I do not find any illegality in the order impugned warranting interference by this Court under its revisional jurisdiction.

(4) Accordingly, the civil revision fails and is hereby dismissed. No order as to costs.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-