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Judgment
P.P. Bhatt
Heard the learned counsel for the petitioners as well as the learned counsel for the Opposite Parties. Perused the application.
The present application is filed u/s 152 of the CPC for correction of the clerical and arithmetical mistake in the Decree/Award prepared by this Court in pursuance to the order dated 10.12.2003 passed in First Appeal No. 157 of 1984 (R).
In pursuance to the judgment dated 10.12.2003, passed in F.A. No. 157 of 1984 (R), the learned counsel for the petitioners pointed out that the Award prepared by this Court, in the Item No. 7 of the Award, wherein, it has been shown that the interest paid at the rate of 15 per cent from 16.02.1983 to 11.10.1985 is not correct. It is further submitted that in the item No. 8, the amount paid by the court below on 12.10.1985, shown, is also not correct. The learned counsel for the petitioners further submitted that the Respondents deposited the enhancement amount before the court below on 12.05.1987 and therefore, the entire award made by this Court is required to be modified accordingly and the petitioners are required to be paid the amount of interest, which has been accrued, as on 12.05.1987 i.e. the date, on which the amount has been deposited. The learned counsel for the petitioners by referring to Annexure-3 to this application, has also pointed out that in similar situation in the case of other applicants, C.M.P. No. 120 of 2007 with C.M.P. Nos. 121 of 2007 and 123 of 2007 was moved and vide order dated 16.12.2009, the said C.M.Ps. were ordered to be allowed and an order was passed for correction of the decree by holding that 15 per cent interest shall be payable from 16.02.1983 up to 12.05.1987.
As against that, the learned counsel for the Respondents submitted that they have deposited amount as per the Award passed by the Court. However, in view of Annexure-3, appropriate order may be passed by this Court.
Considering the aforesaid position and more particularly, in view of the fact that the Respondents deposited the awarded amount on 12.05.1987, therefore, necessary correction is required to be carried out in the Award. It appears that in similar situation vide Annexure-3, this Court has also allowed correction in the decree by allowing similar applications vide C.M.P. No. 120 of 2007 with C.M.P. Nos. 121 of 2007 and 123 of 2007 by order dated 16.12.2009. Accordingly, let the correction be carried out by incorporating that 15 per cent interest be calculated from 16.02.1983 to 12.05.1987. C.M.P. stands disposed of accordingly.