Manohar Infrastructure And Constructions Pvt. Limited & 2 Ors vs Daljit Singh

Heard learned Counsel for the Appellant. No one is present for the Respondent inspite of repeated calls.

It is stated by the learned Counsel for the Appellant that this Appeal stands covered by the judgment passed by this Commission in M/s Manohar Infrastructure and Constructions Private Limited and others versus Mr. Ankit Jain in First Appeal No. 185 of 2020 decided on 17.05.2022 and the judgment dated 19.12.2022 in the case of M/s Manohar Infrastructure and Constructions Private Limited and others versus Harvinder Singh in First Appeal No. 916 of 2018, subject to the modification as directed therein with regard to rate of interest.

It appears that this Commission on 27.09.2019, passed the following Order:

“IA 15443 of 2019 (directions)

None is present on behalf of appellants despite advance notice. This is a case of refund of capital money which had been deposited by the applicant with the appellants. Since the Commission in another matters has ordered for release of capital money of the Complainant, the capital money of Rs.23,40,000/- in this case be refunded to the applicant.

With these directions, the application stands disposed of.

List the matter on the date already fixed, i.e. 05.10.2020.”

There was some delay in depositing the amount which was also condoned by this Commission by the Order dated 05.12.2019.

This Appeal has been taken along with a batch of other similar Appeals relating to the same dispute and in view of the submissions raised, this Appeal is also disposed of on the same terms with a direction that the Impugned Order of the State Commission stands modified only to the extent that the award of interest shall be at the rate of 9%. The decretal amount shall be calculated and disbursed accordingly. The principal amount having already been released, the interest part or any other decretal amount due shall be paid within a period of four months either directly or by depositing it before the State Commission.

In the event of any default by the Appellant, the amount shall carry an interest at the rate of 12% instead of 9% till the date of actual payment.

The Appeal stands disposed of with the aforesaid directions.