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Judgment
The Court: Mr. Mukul Mohan Deputy Chief Materials Manager/Crane, Eastern Railway, Kolkata is present with the calculation. He has also filed
the vokalatnama duly discharged with the no objection endorsement by the advocate on record is taken on record. The decree holder is represented
by Mr. Rajesh Agarwal. Mr. Agarwal has also filed the vokalatnama duly discharged in favour of the decree holder. The vokalatnama with the
no objection endorsement is taken on record. The report filed by the Registrar, Original Side, shows that the fixed deposit account opened in
terms of the order passed by the Hon’ble Division Bench on 4th April, 2017 has a balance of Rs.1,04,12,291/- as on 11th April, 2018. The
Registrar, Original Side, shall prematurely encash the said fixed deposit and issue a demand draft favouring the decree holder with the accrued interest
after deducting costs, charges and expenses within a week from the date of communication of this order.
The calculation placed before this Court on behalf of the award debtor shows that a sum of Rs.1,99,65,652/- is due and payable under the award.Â
The interest has been calculated up to 20th April, 2017 when a sum of Rs.1 crore was deposited with the Registrar, Original Side, in terms of the
order dated 20th April, 2017. Out of the said sum of Rs.1,99,65,652/- the award-debtor has already deposited a sum of Rs.1 crore which has earned
interest of Rs.4,12,291/- in the meantime. This amount shall be adjusted against Rs.1,99,65,652/- and on such adjustment a sum of Rs.95,53,361/-
would be due and payable. The award holder, however, has not calculated interest on Rs.59,75,715/-Â on and from 21st April, 2017 till date.
The award debtor shall calculate interest on a sum of Rs.59,75,715/- at the rate of 12% per annum on and from 21st April, 2017 till 31st March, 2018
and shall issue a demand draft in favour of the award holder within two weeks from date for the balance amount that is a sum of Rs.95,53,361/- along
with accrued interest on Rs.59,75,715/- @ 12% per annum from 21st April, 2017 till 31st March, 2018 within two weeks from date.
The demand draft shall be accompanied by the calculation sheet so as to enable the decree holder to verify as to whether the payments have been
made in terms of the award and the order passed by this Court. The award holder shall accept the said amount without prejudice to its rights and
contentions in the review petition pending before the Hon’ble Supreme Court.
This order is subject to the order that may be passed in the review petition.
The calculation furnished by the award debtor is kept with the record.
The report filed by the Registrar, Original side, is kept with the record.
The execution application, accordingly, stands disposed of with liberty to apply for further sum in the event the review petition is allowed by the
Hon’ble