High Court of Punjab and HaryanaCR/4604/2015disposed of

Union Of India Th Defence Estate Officer v. Hari Singh And ORS

2019-05-23Mr. Justice Arun Monga3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 23.05.2019 1.

CR-4604-2015 (O&M) Union of India ... Petitioner

Versus

Hari Singh and others ... Respondents 2.

CR-4605-2015 (O&M) Union of India ... Petitioner

Versus

Fateh Chand and others ... Respondents 3.

CR-4606-2015 (O&M) Union of India ... Petitioner

Versus

Kehar Singh ... Respondent 4.

CR-504-2016 (O&M) Union of India ... Petitioner

Versus

Amar Singh (deceased) through LRs and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Anil Chawla, Advocate for the petitioner(s).

Mr. Arun Bansal, Advocate with Ms. Baani Chhibber, Advocate for the respondent(s).

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AMIT RAWAL , J. (ORAL) This order of mine shall dispose of four revision petition bearing CR No.4604 of 2015 titled as "Union of India V/s Hari Singh and others"; CR No.4605 of 2015 titled as "Union of India V/s Fateh Chand and others"; CR No.4606 of 2015 titled as "Union of India V/s Kehar Singh" and CR No.504 of 2016 titled as "Union of India V/s Amar Singh (deceased) through LRs and another".

The aforementioned revision petitions were directed against the impugned orders dated 16.01.2015 (Annexure P-8) and 28.05.2015 (Annexure P-10), passed by the Executing Court, qua payment of interest on solatium.

The revision petitions were adjourned sine die, for awaiting the decision of Hon'ble the Supreme Court in Civil Appeal Nos.7034-7037 of 2015 titled as "M/s Periyar & Pareekanni Rubbers Limited V/s State of Kerala", which has been decided, vide order dated 14.11.2018, wherein, the issue with regard to the applicability of ratio decidendi rendered in "Gurpreet Singh V/s Union of India" 2008 (2) RCR (Civil) 207, has been referred to, taking the note of the Reference Court i.e. 19.09.2001, in ''Sunder V/s Union of India" 2001 (4) RCR (Civil) 727. In the cases, in hand, the awards are prior to the aforementioned date.

Keeping in view the aforesaid observations, I deem it appropriate to dispose of the revision petitions with the direction to the Executing Court, to decide the execution application, in accordance with prevailing law.

The parties to the lis shall be at liberty to raise all possible pleas before the Executing Court.

Let this exercise be done within a period of three months from the date of receipt of certified copy of this order. ( AMIT RAWAL ) JUDGE 23.05.2019 Yogesh Sharma  Whether speaking/reasoned Yes/ No  Whether Reportable Yes/ No