JITENDRA NEMCHAND SHAH Vs. DIVISIONAL ENGINEER

JUDGEMENT

(1.) Heard learned counsel Mr.Nisarg Desai, Mr.Yash Dadhich for Gandhi Law Associates and Ms.Rupal Patel for the respective parties.

(2.) The present petitioner as well as the respondent Divisional Engineer(Telegraph) have seek to challenge the order 16/11/2011 passed below Exh.No.1 in Execution Petition No.3 of 2010 by which learned Principal District Judge, Navsari issued warrant for recovery.

(3.) The counsel for the petitioner has submitted that the Execution Court has erred in calculating the interest only on the balance principal amount due as on 1/4/1998. However, the due interest amount would come to Rs.32,57,571.00 and therefore, while issue the warrant by the Court, the said amount of interest have not been considered. He has further submitted that it is mandatory to intimate the petitioner for the act of depositing the amount and, therefore, the respondent authority is liable to pay the interest amount for the period from 31/7/2010 to 13/4/2011.