State Bank Of India v. State Of Punjab And ORS.

LPA-1791-2016 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA-1791-2016 (O&M) Date of Decision: September 14, 2016 State Bank of India .....Appellant

Versus

State of Punjab and others ......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDIP AHLUWALIA

Present:

Mr.Vikas Chatrath, Advocate for the appellant.

........

SURYA KANT, J.

Respondent No.7 was admittedly entitled to the arrears of revised family pension. Appellant, i.e. State Bank of India is the authorised Disbursing Authority. Payment of such arrears was concededly delayed, hence the learned Single Judge has held respondent No.7 entitled to interest. The appellant was a party in the writ petition filed by respondent No.7 but it chose not to appear and contest the claim. The plea taken by the State of Punjab that delay in the release of arrears is attributable to the appellant-Bank was thus accepted and liability to pay interest has been fastened on the appellant. In the subsequent review application filed by the appellant-Bank, learned Single Judge has granted liberty to it that it shall be free to take up the matter inter se with the State of Punjab with respect to liability of payment of interest.

In other words, the appellant -Bank can show that there was no fault on its part. Learned Single Judge has permitted it to raise its claim against State of Punjab. In no manner respondent No.7 can be harassed Meenu 2016.09.

LPA-1791-2016 (O&M) -2or dragged to multiple litigation. Further, keeping in view the liberty already granted by the learned Single Judge, we do not see any cause for the appellant-Bank to initiate these proceedings. Let the due amount of interest be firstly paid to respondent No.7 and thereafter the appellant-Bank may take up its claim before the State of Punjab as permitted by the learned Single Judge. Disposed of.

( SURYA KANT ) JUDGE September 14, 2016 ( SUDIP AHLUWALIA ) meenuss JUDGE Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No Meenu 2016.09.21 11:03 I attest to the accuracy and authenticity of this document chandigarh