Smt. Bimla Devi and Others vs Mr. Vinay Kumar and Another

K. Kannan, J.—The revision petition is against the dismissal of the execution petition filed by the decree-holder by invoking a clause in the order passed by the Workmen''s Compensation Commissioner directing a payment of Rs. 1 lakh to be made within 30 days by the second respondent, failing which, the interest will become payable at 12% per annum. The order was passed on 22.09.2009 and the second respondent-Insurance Company deposited the money on 04.11.2009. This, according to the decree-holder/petitioner, was not in compliance with the directions and, therefore, he was entitled to interest. The application was resisted by the respondent on a contention that the order copy was made available only on 15.10.2009 and the deposit made within 30 days from this would be taken as compliance of the directions passed by the Court. The date of the order must always be understood as the date of the order brought home by service of copy of the order. The respondents stated that he had been served with the copy only on 15.10.2009, I would take it that there is due compliance with the direction and there was no liability for payment of interest. The Executing Court has dismissed the execution petition on such a line of reasoning and I find no scope for interference in revision. The revision petition is dismissed.