1 2026:CGHC:13891 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPL No. 48 of 2026 1 - The Oriental Insurance Company Limited D.O.-3, Nearby Prakash Swing Pool, Pachpedi Naka, Police Station Tikarapara, Tahsil And District Raipur (C.G.) Through Divisional Manager, The Oriental Insurance Company Limited, Office At Lic Building, Magar Para Road, Bilaspur, District Bilaspur (C.G.) (Insurer Of Offending Vehicle Bearing Registration Number Cg-23/e-1463) ... Petitioner versus 1 - Mahendra Kumar Sahu S/o Lalji Sahu Registered Of Village Devpuri, Raipur, District Raipur (C.G.)(Claimant) 2 - Tomeshwar Lal Sahu S/o Shri Jhadu Ram Sahu Resident Of House No. 1245, Nawadeeh, Ward No. 15, Village Patharra, Rajim, P.S. Rajim, District Gariyaband (C.G.)(Owner) ---- Respondents For Petitioner : Mr. Anil Gulati, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 24.03.2026 Heard. 1. The petitioner has challenged the order dated 29.12.2025 passed by the Commissioner for Employees Compensation, Labour Court No.2, Raipur (C.G.) whereby, an application moved by the petitioner for waiver of 10% penal interest has been rejected. 2. Learned counsel appearing for the petitioner would submit that initially, a writ petition under Article 227 of the Constitution of India was filed and -2- after office objection, its nomenclature has been changed from WP227 to WPL. 3. Heard. 4. Admittedly, the petition has been filed challenging an interlocutory order passed by the learned Executing Court cum Commissioner for Employees Compensation, Labour Court No.2, Raipur (C.G.). While entertaining a Writ petition (L), this Court exercises its powers under Article 226 of the Constitution of India, whereas the petitioner has challenged an interlocutory order passed in execution proceeding, therefore, in opinion of this Court, a writ petition under Article 227 of the Constitution of India would be competent. Accordingly, this petition is dismissed. However, liberty is granted to the petitioner to file a writ petition under Article 227 of the Constitution of India. 5. Certified copy of the impugned order be returned after retaining its xerox copy. Sd/- (Rakesh Mohan Pandey) Judge Rekha