JIVRAJBHAI KALABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These applications are preferred by the petitioners-original claimants challenging the order dtd. 1/3/2012 passed below Exhibit 1 in Special Execution Petition by the learned Principal Senior Civil Judge, Godal, Rajkot, whereby the petitioners were not granted interest at the rate of 15% on the amount deposited by the respondent-State of Gujarat.

(2.) Brief facts are as under:-

(3.) Learned Counsel Shri Mangukiya vehemently contended that the Executing Court committed serious error in not awarding interest for the entire period till the differential compensation amount with soletium and matching 12% was actually paid over to the claimants. He submitted that the High Court had provided for such interest till actually realization. In the context of the present case, realization must mean actual payment to the claimants. He further pointed out that in any case, the amounts remained invested in the Fixed Deposits after deposit by the Government. The trial Court has not even provided for such interest to be paid over to the claimants.