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Ved Ram Pathak v. Union Of India & Others - WRIT - C No. 27414 of 1996 [2006] RD-AH 214 (3 January 2006)


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Court no. 31

Civil Misc. Writ Petition no. 27414 of 1996

Ved Ram Pathak vs. Union of India and ors.


Hon'ble Bharati Sapru, J.

An order was passed on 30.9.2005 by Hon'ble D.P. Singh, J. asking the respondents to file an affidavit as to whether or not they have paid the petitioner an amount which was wrongly deducted from his fund as outstanding against a house allotment.

A supplementary counter affidavit is being filed today in which the respondents Union has admitted that by mistake an amount of Rs. 37,502/- was recovered from the petitioner. The respondent Union has paid the principal amount to the petitioner.

Learned counsel for the petitioner rightly prays that interest is also attracted on the amount since it was wrongly deducted from the petitioner. He states that the Union has withheld this amount illegally for the last ten years.

Taking into consideration the entire facts and circumstances of the case, I am of the opinion that as the amount has been illegally recovered and retained by the Union for the last ten years, it is directed that respondents Union shall pay to the petitioner an interest on the said amount at the current rates applicable in the nationalized bank, for the period that has been withheld. The interest shall be paid to the petitioner within one month from the date of production of a certified copy of this order upon the respondent Union.

The writ petition is disposed of as above.  

Dated  3.1.06'



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