2019 (11) TMI 946

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....HADANG, JJ. Mr. Yogesh V. Nadkarni and Mr. S. Kamat, Advocates for the Petitioner. Mr. D. Pangam, Advocate General with Ms. Maria Simone Judith Correia, Addl. Government Advocate for the Respondents. ORAL JUDGMENT ( Per M. S. Sonak, J) Affidavit in reply on behalf of the Respondents is taken on record. 2. Heard Mr. Y. Nadkarni, learned counsel for the Petitioner and Mr. D. Pangam, l....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....opriate to non suit the petitioner on the ground of any delay or laches. However, we make it clear that this aspect can always been taken into consideration at the stage of moulding of relief, if at the stage of final hearing we are satisfied that some final relief is due to the petitioner."   4. The issue of actual entitlement of interest stands covered by our judgment and order dated 16t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....it is only by judgment and order dated 16th October, 2019, this dispute stands resolved. He points out that this statement is also without prejudice to the right of the State to consider challenging the judgment and order dated 16th October, 2019 in Writ Petition No.424 of 2018. He submits that in such circumstances, the Petitioner cannot claim any further interest on the interest amount. He also ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... for payment of interest was rejected on 20th June,2018 and this petition was instituted on 2nd August, 2019. 8. Taking into consideration all the aforesaid circumstances, the Petitioner's claim for interest at the rate of 12% per annum certainly cannot be accepted. So also, the Petitioner cannot insist for interest at the rate of 8% per annum, which is otherwise statutory prescribed rate o....