Kar Vivad Samadhan Scheme benefit cannot be denied where timely cash payment and accepted cheque satisfied the 50% requirement.

The petitioner was held entitled to the Kar Vivad Samadhan Scheme benefit where 50% of the disputed amount was tendered by cash on the last date and the balance was paid by cheque accepted by the respondent. The later realisation of the cheque did not defeat compliance, because the cheque was tendered within time and received as part payment of the statutory requirement. The refusal to grant the scheme benefit was therefore unsustainable.

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Issues: Whether the petitioner was entitled to the benefit under the Kar Vivad Samadhan Scheme when 50 per cent of the disputed amount was tendered on the last date by cash and cheque, and the cheque was realised a few days later.

Analysis: The petitioner paid part of the disputed amount in cash on the last date and simultaneously tendered a cheque for the balance of the required 50 per cent. The respondent received the cheque and encashed it shortly thereafter. In these circumstances, the respondent could not deny the benefit of the scheme on the ground that the cheque amount was realised after the last date, particularly when the cheque had been accepted as part payment towards the statutory requirement and the petitioner had acted within time.

Conclusion: The petitioner was entitled to the benefit under the Kar Vivad Samadhan Scheme, and the refusal to extend that benefit was unsustainable.

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