SUPERINTENDENT OF POST OFFICES Vs. MAHINDER NATH BASAK

JUDGEMENT

(1.) This is an application filed on behalf of the Union of India seeking a direction to the respondent to pay an amount of Rs. 1,21,646/- with interest from the date of receipt till the date of payment. The Superintendent of Post Offices filed an appeal against the Order dated 21st Jan., 1993 passed by the State Commission West Bengal. During the pendency of the appeal this Commission on 27th April, 1993 passed an order on the stay application filed by the appellant in the following terms:

(2.) It is stated that in compliance with the Order, a sum of Rs. 1,21,646/- was paid to the Secretary of the respondent by account payee cheque on 18th May, 1993. Thereafter, this Commission allowed the appeal filed by the Union of India and the Order of the State Commission was set aside, but no order in regard to the payment of Rs. 1,21,646/- which was directed to be paid to the respondent by Order dated 27th April, 1993 was passed. The respondent preferred a Special Leave Petition before the Supreme Court against the Order of this Commission, but it was dismissed on 12th July, 1995. Despite repeated reminders, the respondent did not return the amount which was paid to them in terms of Order dated 27th April, 1993 of this Commission. The respondent instead filed a Writ Petition before the High Court of Calcutta which was dismissed. Despite various reminders, the respondents have not paid the amount of Rs. 1,21,646/-. In these premises, it is prayed that the respondent may be directed to refund the amount.

(3.) The application is contested on behalf of the respondent on various pleas. It is stated that the Writ Petition filed by the respondent in the High Court of Calcutta was dismissed on 28th Feb., 1997 with the following observations: