2024 (9) TMI 771

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....m Karukapadath i/b Lumiere Law Partners. For the Respondents : Mr. Karan Adik a/w Ms. Sangeeta Yadav. P.C. : 1. Petitioner has approached this court aggrieved by a letter dated 19th January 2024 by which petitioner requests for grant of interest has been rejected with an advise that petitioner may file an appeal against the order in original dated 15th December 2020. 2. By the order in....

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....ed within three months from the date of receipt of application under sub-section (1) of that section, there shall be paid to that applicant interest at such rate, not below five per cent and not exceeding thirty per cent per annum as is for the time being fixed by the Central Government, by Notification in the Official Gazette, on such duty from the date immediately after the expiry of three month....

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....und sanctioned beyond a period of three months. Therefore, in the impugned order dated 15th December 2020, the officer should have automatically granted interest. Mr. Paranjape submitted that by the impugned communication dated 19th January 2024, the officer only wants to increase the number of appeals pending in the department then acting on the circular and acting as per the provisions of Sectio....

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..... 8. Therefore, in view of the provisions of law, instead of quashing and setting aside the order dated 15th December 2020 and adding to the burden of the officers, we direct Respondent No. 3 or 4 or the appropriate officer to work out the interest payable at the notified rate and that would mean the rate notified on 15th December 2020 as provided under Section 11BB of the Act and pay the amoun....