Nita Kumari vs. Union Of INDIA
Held
The Court granted the petitioner liberty to agitate her grievances regarding the payment of interest on the delayed payment of the admitted outstanding amount of rent. The Court noted the petitioner's submission that the differential amount of arrears of rent for the period January 1, 2019, to March 31, 2021, amounting to Rs. 10 lacs, had already been paid in November 2021. The Court did not decide on the merits of the claim for interest but allowed the petitioner to pursue this aspect. The writ petition was disposed of as not pressed, implying that the primary relief sought in the writ petition was either withdrawn or superseded by the subsequent payment and the liberty granted.
Facts
The petitioner, Nita Kumari, filed a writ petition before the Patna High Court challenging an order or action by the respondents, which included the Union of India, the Executive Engineer of the Central Public Works Department (CPWD), and the Assistant Commissioner, CGST and Central Excise, Bhagalpur. The dispute concerned arrears of rent for the period from January 1, 2019, to March 31, 2021. The total amount of arrears was Rs. 10 lacs. The petitioner stated that this amount has since been paid in November 2021. However, she sought liberty to pursue her grievances regarding the payment of interest on this delayed payment.
Key Issues
1. Whether the petitioner is entitled to claim interest on the delayed payment of arrears of rent for the period from January 1, 2019, to March 31, 2021, amounting to Rs. 10 lacs? Petitioner's contention: The petitioner argued that although the principal amount of arrears of rent has been paid, she should be granted liberty to agitate her grievances regarding the payment of interest on account of the delayed payment. She did not explicitly cite any specific legal provisions or precedents in this regard during the proceedings recorded. Respondent's contention: The respondents' arguments are not recorded in the judgment. The learned counsel for the petitioner made a fair submission regarding the payment and the liberty sought.
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2 06-12-2022 The learned counsel for the petitioner fairly submits that the differential amount of arrears of rent for the period 01.01.2019 to 31.03.2021, amounting to a sum of Rs. 10 lacs has already stood paid in the month of November, 2021, however, the petitioner
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