HARIVANSHLAL TANEJA Vs. MPEB, RAMPUR

JUDGEMENT

(1.) IN substance, this petition is filed by the petitioner under Articles 226 and 227 of the Constitution of India for claiming an interest on delayed release of surcharge and power subsidy. In all, the petitioner has claimed a sum of Rs. 40,23,965.80 paise by way of their claim of interest on delayed payment of surcharge and Rs. 36,19,752/ - on delayed release of subsidy amount, thereby claiming a total sum of Rs. 1,23,62,384.95 paise by way of interest amount. It is claimed in the petition that due to delay on the part of Board in releasing the amount under these two heads, the petitioner was deprived in its enjoyment in time and hence, it entitled to claim the interest.

(2.) THE Board has denied the claim of the petitioner in toto so far as the issue of surcharge is concerned : it is contended by the Board that it is already settled even prior to filing of this writ and petitioner themselves have given an undertaking to that effect in writing (Annexure A -2).

(3.) THIS writ is filed essentially for claiming interest on account of delayed payment of certain amount. A right to claim interest is governed by usage -custom or by contract or by statute. It was so laid down by the Privy Council in one of its leading case reported in AIR 1938 PC B.N. Ry. Co. Ltd. v. Ruttanji Ramji. This is what was laid down :