United India Insurance Co. Ltd., Thr. Regional Manager, Nagpur v. Leelabai Wd/O Baliram Nagvanshi And Others

1 901wp 4465-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.4465/2024 United India Insurance Co. Ltd., through its Regional Manager, Nagpur Vs.

Leelabai wd/o Baliram Nagvanshi and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dr. C.C. Anthony, Advocate for petitioner Shri Ashok Khadatkar, Advocate h/f Ms S.W. Deshpande, Advocate for respondent Nos.1 to 6 Shri B.N. Mohata, Advocate for respondent No.7 Shri A.A. Dhawas, Advocate for Intervenor CORAM :

SMT. M.S. JAWALKAR, J.

DATED : 07.05.2025 Heard learned Counsel for respective parties. 2.

Learned Counsel for petitioner is ready to deposit the amount of T.D.S. i.e. Rs.56,155/-, in the account of respective parties. However, he is disputing the interest part which is on higher side. It is contention of petitioner that they have deducted tax at source as per the Rules of Income Tax Department, there is no necessity in fact to impose any interest on the said amount.

3.

As against this, learned Counsel for respondents submits that as per award they are entitled for this amount and, therefore, also interest thereon.

4.

The learned M.A.C.T. have not given any justification for awarding of 9% interest in this matter. 5.

In view of the fact that the said amount was towards T.D.S. It also needs to be considered that the

2 901wp 4465-2024 said amount was not received by the claimant. As such, for the sake of equity, it would be appropriate to award 6% interest. Accordingly, the order passed by M.A.C.T. is hereby modified to the extent the awarded interest is reduced to 6%.

6.

The amount shall be deposited within a period of four weeks before the M.A.C.T. Court, Amravati.

7.

The Writ Petition is disposed of with the above referred modification.

JUDGE R.S. Sahare