Bharat Petroleum Corporation Ltd, v. Phoolvathi Dharambir Aggarwal (Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-04-2026

CORAM

THE HON'BLE MRS.JUSTICE N. MALA CRP.No.951 of 2024 and C.M.P.No.4757 of 2024 Bharat Petroleum Corporation Limited, 7, Kodambakkam High Road, Madras-34, Now Functioning at No.1, Ranganathan Gardens, off 11th Main Road, Anna Nagar, Chennai 40.

..Petitioner(s) Vs Phoolvathi Dharambir Aggarwal (Died)

1. Arunkumar Dharambir Aggarwal, Anand Vihar, Ground Floor, 69, Bhulabhai Desai Road, Mumbai 400 026.

2. Pawankumar Dharambir Aggarwal represented by POA Agent Arunkumar Dharambir Aggarwal, Anand Vihar, Ground Floor, 69, Bhulabhai Desai Road, Mumbai 400 026.

3. Executors of the Estate of late Dharambir Hansraj Aggarwal address at 1, Quay Street, Darukhana, Mazagaon, Mumbai 400 010.

4. Dharambir Manoharlal Ltd address at 1, Quary Street, Darukhana, Mazagaon, Mumbai 400010.

5. The Collector of Madras Ezhilagam, Kamarajar Salai, Madras 9 Now functioning at Singaravelar Maligai, Rajaji Salai, Chennai 1.

..Respondent(s)

Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order dated 03.02.2024 passed in E.P.No.4206 of 2010 in L.A.O.P.No.3 of 1991 on the file of the VI Assistant City Civil Court, Chennai. For Petitioner(s):

Mr.Krishna Srinivasan, Senior Counsel for M/s.S Ramasubramaniam and Associates For RR1 to 4:

For R5:

Mr.M.S.Subramanian Mr.A.Anandan, Government Advocate

ORDER

The Civil Revision Petition is directed against the order dated 03.02.2024 passed in E.P.No.4206 of 2010 in L.A.O.P.No.3 of 1991 on the file of the VI Assistant City Civil Court, Chennai.

2.

This Court by order dated 29.07.2024 had earlier disposed of the Civil Revision Petition. The respondents carried the matter in Special Leave Petition in S.L.P.No.19778 of 2024. The Hon'ble Supreme Court by order dated 17.02.2026 set aside the order in CRP and remitted the matter with a mandate to redetermine the compensation, excluding the arrears of interest on solatium, for the period prior to 19.09.2001, within 6 weeks, along with consequent directions regarding deposit and reimbursement. For better appreciation the order in SLP is extracted hereunder:

"(i) The exact amount of compensation as per the judgment of this Court dated 10.05.2023 be re-determined after excluding the

arrears of interest on solatium for the period prior to 19.09.2001;

(ii) The High Court shall do the needful within a period of six weeks;

(iii) If such balance amount has not been paid or deposited already, the respondent-Corporation shall deposit the same within four weeks thereafter;

(iv) The appellants shall be entitled to receive the amount without prejudice to their right to seek interest on solatium for the period prior to 19.09.2001, if at any subsequent stage, this Court finds that the view taken in Gurpreet Singh (supra) was erroneous or that the land owners are entitled to interest on solatium calculable from the date when such provision came to be incorporated in the erstwhile Land Acquisition Act, 1894." 3.

Upon remand, both the learned counsels were heard and permitted to exchange calculations.

4.

By order dated 02.04.2026, this Court directed the Manager, Bank of India, Overseas Branch, Chennai- 600 001, to furnish complete particulars of accrued interest in respect of the deposit of Rs.38,74,61,846/- made on 15.04.2025. The Bank complied and furnished the required statement.

5.

Based on the Bank's statement the respondents submitted the memo of calculation on 22.04.2026, which is extracted below: FRESH MEMO OF CALCULATION SUBMITTED BY RESPONDENTS/CLAIMANTS Total amount deposited by the petitioner and invested in the bank 25,24,00,308/- Total amount received from the Bank with accrued interest 53,74,61,846/- As per Supreme court order respondent 1 to 4/claimants withdrawn 15,00,00,000/- Balance amount re-invested in the Bank on 15.04.2025 38,74,61,846/- Interest yielded for Rs.38,74,61,846/- 2,47,39,742/- Total amount available as per Bank statement dated 15.04.2026 41,22,01,588/- Respondents 1 to 4/Claimants entitled to 27,86,21,119/- Proportionate Bank interest for Rs.

27,86,21,119/- 1,77,90,176/- Total amount entitled to by Respondents 1 to 4/Claimants 29,64,11,295/- 10 Petitioner/BPCL entitled to 10,88,40,727/- 11 Proportionate Bank interest for 10,88,40,727/- 69,49,565/- 12 Total amount entitled to by thePetitioner/BPCL 11,57,90,292/- Abstract Respondents 1 to 4/Claimants 29,64,11,295/- Petitioner/BPCL 11,57,90,292/- Total amount as per Bank statement dated 15.04.2026 (up to 28.03.2026) 41,22,01,588/- 6.

The learned counsel for the petitioner, upon verification, fairly conceded to the aforesaid calculation dated 22.04.2026, submitted by the respondents, and submitted that it was verified and found to be accurate and calls for acceptance.

7.

The learned counsel for the respondents, however, rightly pointed out that the interest reflected in the bank statement has been computed only upto 28.03.2026 and that the respondents are entitled to proportionate interest from 29.03.2026 till the date of actual payment.

8.

This Court has considered the submissions and perused the material on record. The Calculation Memo, having been verified and accepted by the petitioner merits acceptance without reservation. 9.

Accordingly, it is determined that: The petitioner is entitled to Rs.11,57,90,292/-. The respondents are entitled to Rs.29,64,11,295/-. 10.

The above determination is in accordance with the directions of the Hon'ble Supreme Court.

11.

It is made clear that the interest component in the above computation stands calculated only upto 28.03.2026. Consequently, both parties shall be entitled to the proportionate accrued interest from 29.03.2026 till the date of actual disbursement. The Bank of India is therefore directed to compute and deposit the proportionate interest for the period from 29.03.2026 till the date of actual payment before the Executing Court, without further delay. Upon such deposit, the petitioner as well as the respondents are at liberty to file

appropriate application before the Executing Court for withdrawal of their respective shares, together with accrued interest. With the aforesaid directions, this civil revision petition stands disposed of. No costs. Connected C.M.P. is closed.

24-04-2026 Index: Yes/No Speaking/Non-speaking order nsd/dsn

To

1. The VI Assistant Judge, City Civil Court, Chennai.

2.The Manager, Bank of India, Overseas Branch, Chennai- 600 001.

N.MALA J.

nsd 24-04-2026