Dev Raj Singh v. C R Garg

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 874/2016 DEV RAJ SINGH ..... Petitioner Through: Mr. Narottam Vyas, Advocate with Mr. S.C. Varma, Advocate.

versus C R GARG ..... Respondent Through: Mr. Santosh Kumar Tripathi, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 26.07.2016 CM Appl. 26351/2016 (exemption) in Cont.Cas(C) 874/2016 Allowed, subject to just exceptions.

Cont.Cas(C) 874/2016 Present contempt petition has been filed alleging wilful disobedience of judgment dated 28th February, 2007 whereby respondent-DTC was directed to pay compound interest to the petitioner on the arrears of pension from the date the said amount was due and payable till the same was paid, @ 12% per annum.

Learned counsel for petitioner states that that the compound interest @ 12% per annum on pension from May, 1993 to July, 2003 was not paid in July, 2003, but on 04th March, 2016, i.e., after a gap of about thirteen years. Therefore, according to him, respondent is liable to pay compound interest

on the outstanding interest amount for the period of July, 2003 to 04th March, 2016 totalling to Rs.3,79,661.74/-.

This Court on perusal of the order dated 28th February, 2007, is of the opinion that compound interest was to be paid on arrears of pension from the date the pension amount was due till it was paid. Since in the present case, the arrears of pension were cleared earlier, the delay in payment of compound interest is not contempt.

In fact, no interest on compound interest was awarded by the Court vide order dated 28th February, 2007.

Consequently, present contempt petition is dismissed. MANMOHAN, J JULY 26, 2016 js