High CourtsDivision Bench(1994) 10 P&H CK 0002

Smt. Gurpreet Kaur vs Union of India and Others

Punjab And Haryana At Chandigarh · Decided on 6 October 1994

HON’BLE JUDGES
V.K. Bali, J · H.K. Sandhu, J
RESULT
Allowed
CASE NUMBER
C.W.P. No. 10070 of 1993

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Judgment

3 paragraphs · 173 words

V.K. Bali and H.K. Sandhu, JJ.—This order shall be read in continuation of earlier order passed by this Court on 23.11.1993.

2.

As is clear from the order aforesaid, it is only the question of interest that survives adjudication by this Court in the present petition.

3.

Admittedly, the due amount, as asked for by the Respondents, was sent by the Petitioner through draft dated 14.6.1993 but the same was not accepted by the Respondents. That being the admitted position, Respondents are not entitled to interest after the amount was sent through draft which, of course, was not accepted but not on account of the fault of Petitioner. The matter is squarely covered in favour of the Petitioner by judgment of this Court in Kulwant Rai v. U.T. Chandigarh and others, (1992)102 P.L.R. 128. Accordingly, this petition is allowed. Impugned orders of cancellation of lease site are set-aside. It is, however, made clear that if there accrues/any interest prior to 14.6.1993, Respondents shall be within their right to recover the same. No costs.