Anant Cold Storage And Allied Industries v. State Of Bihar
2004-07-28
R.M.PRASAD
body2004
DigiLaw.ai
Judgment R.M.Prasad, J. 1. In this writ petition, grievance of the petitioner is on account of non-redeeming of mortgage and return of the title documents filed by them. 2. According to learned counsel for the petitioner, the letter of the branch manager dated December 6, 1983, contained in annexure 7/B itself would show that the entire loan amount was paid by the petitioner. Annexure 7/B has been issued by the branch manager, but, the account maintained in the Corporation shows certain outstanding dues against the petitioner even up till now. 3. Earlier the matter was heard on several occasions and learned counsel for the Corporation was directed to get the account properly verified, and, accordingly, Mr. Shahi, learned counsel appearing for the respondent-Corporation has produced the statement of accounts with respect to account No. 1 and account No. 2 after supplying copy thereof to learned counsel for the petitioner. The said statement is being kept on record. After perusal of the said statement, learned counsel for the parties now admit that a sum of Rs. 79,888.03 remained to be paid as on April 4, 1983, and later on September 22, 1983, the petitioner deposited Rs. 50,000. Thus, after adjustment of the said Rs. 50,000 a sum of Rs. 29,888.03 still remained to be paid by the petitioner as on September 22, 1983. However, under misconception created by annexure 7/B, the petitioner could not deposit the said amount. 4. However, Mr. Shahi, learned counsel for the Corporation has submitted that the petitioner will be liable to pay up-to-date interest on the said amount. Learned counsel for the petitioner submitted that there is no fault on the part of the petitioner in not paying the said amount as is evident from annexure 7/B itself, whereafter the Corporation never served any fresh account showing outstanding dues against the petitioner. 5. In the facts and circumstances aforementioned, this court finds no valid justification to make the petitioner liable for payment of up-to-date interest. However, in view of the fact that the petitioner made payment up to September 22, 1983, and thereafter annexure 7/B was served on December 6, 1983, they shall be liable to pay interest on the aforementioned remaining amount as well as on the amount of Rs.
However, in view of the fact that the petitioner made payment up to September 22, 1983, and thereafter annexure 7/B was served on December 6, 1983, they shall be liable to pay interest on the aforementioned remaining amount as well as on the amount of Rs. 50,000 deposited on September 22, 1983, for the period April 4, 1983, to September 22, 1983, which shall be calculated by the Corporation and a copy thereof must be handed over to learned counsel for the petitioner within ten days and the petitioner must pay the same along with the remaining amount of Rs. 29,888.03 within two weeks thereafter, failing which the Corporation will be entitled to claim interest up-to-date on the said amount and also to initiate all steps for realisation of the same from the petitioner. 6. This writ application is, thus, disposed of.