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2025 DAILYLAW 25882 (GAU)

M/S HIMANGSHU PAUL AND ASSOCIATES PVT LTD v. THE UNION OF INDIA AND ANR (A)

CRP/45/2023 · 2025-10-26

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010166852022 2025:GAU-AS:14281 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP/45/2023 M/S HIMANGSHU PAUL AND ASSOCIATES PVT LTD HAVING ITS REGD. OFFICE AT CLUB ROAD, SILCHAR, P.O. SILCHAR, P.S. AND SUB-REGISTRY OFFICER- SILCHAR SADAR, DIST. CACHAR, ASSAM, REP. BY ITS DIRECTOR, MR. ASHISH KUMAR PAUL. VERSUS THE UNION OF INDIA AND ANR (A) THE MINISTRY OF ROAD TRANSPORT AND HIGHWAY (MORT AND H), NEW DELHI, REP. BY THE CHIEF ENGINEER, PROJECT PUSHPAK (36 BRTF), C/O. 99 APO. 2:THE CHIEF ENGINEER PROJECT PUSHPAK (H.Q.) PIN-931711 C/O. 99 APO Advocate for the Petitioner : MS. P BHATTACHARYA, MR. A BORUA,MR B S DEKA Advocate for the Respondent : C.G.C., MRS. R DEVI Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 27.10.2025 1. Heard Ms. P. Bhattacharya, learned counsel for the petitioner. Also heard Ms. R. Devi, learned CGC for the respondents. 2. This application has been filed under Article 227 of the Constitution of India challenging the Order dated 14.09.2021 passed in Money Execution No.23/2017, passed by the learned Additional District Judge (FIC), Cachar, Silchar. 3. In Arbitration Case No.03/12-13, the respondent was directed to pay an amount of Rs.16,29,764/- along with an amount of Rs.7,00,000/- with interest @ 9.5% P.A.. The petitioner filed an Execution petition claiming Rs.23,29,764/- along with 9.5% P.A. interest from 01.04.2017 till the date of realization. Pursuant to that, an amount of Rs.43,21,712/- was paid by the respondents on 01.07.2020. That amount accrued till 31.03.2017. Therefore, the petitioner filed an application before the Executing Court praying for a further amount of Rs.7,73,130/-, which accrued from 01.04.2017 till 01.07.2020. The learned Court below rejected the said prayer on the ground that the decree has been fully satisfied already. 4. After hearing learned counsel for both sides, this Court is of the opinion that the petitioner is still entitled to receive the aforesaid said amount to be calculated from 01.04.2017 till 01.07.2020. 5. Therefore the impugned order stands modified. 6. The petitioner is still entitled to receive Rs.7,73,130/-. The respondent is Page No.# 3/3 directed to pay the aforesaid amount to the petitioner within next 3 (three) months. 7. With the aforesaid direction, this Civil Revision Petition stands disposed of. JUDGE Comparing Assistant