Interest – Payable on solatium – The decree was put in execution and the Execution Court had passed the order which is impugned by the appellant, by which the appellant is directed to pay interest on solatium from the date the 1st respondent was deprived of her possession – The dispute in question which arises for consideration is whether interest is payable on solatium from the date possession was taken from the 1st respondent – The physical possession was taken on 16.06.1990 – The contention of the appellant, however, is that this is a case where the principle which was enunciated by Supreme Court in Gurpreet Singh v. Union of India (2006) 8 SCC 457 would apply and interest on solatium could be granted only from the date of the judgment of Supreme Court in Sunder v. Union of India (2001) 7 SCC 211 i.e. 19-09-2001 – Held: In the Award passed, it is clear that interest is not seen granted on solatium – What is granted is only solatium – The judgment of the High Court in appeal carried by the 1st respondent, therein also, it is clear that the High Court has not granted interest on solatium – Therefore, it is a case which must be dealt with in terms of the declaration of law made in Gurpreet Singh, which held that “But if the award of the Reference Court or that of the appellate court does not specifically refer to the question of interest on solatium or in cases where claim had not been made and rejected either expressly or impliedly by the Reference Court or the appellate court, and merely interest on compensation is awarded, then it would be open to the execution court to apply the ratio of Sunder and say that the compensation awarded includes solatium and in such an event interest on the amount could be directed to be deposited in execution. Otherwise, not. We also clarify that such interest on solatium can be claimed only in pending executions and not in closed executions and the execution court will be entitled to permit its recovery from the date of the judgment in Sunder (19-09-2001) and not for any & ANR.
prior period”– Thus, it is ordered that the 1st respondent will be entitled to interest on solatium from the date of Sunder v. Union of India viz. 19-09-2001 – Accordingly, appeals are allowed. Gurpreet Singh v. Union of India (2006) 8 SCC 457 : [2006] 7 Suppl. SCR 422; Sunder v. Union of India (2001) 7 SCC 211 : [2001] 3 Suppl. SCR 176 – relied on.
Central Government of India v. Bakhta & Another etc. (SLP (C)Nos. 21784-21799 of 2013) – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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