Indian Oil Corporation Ltd. v. Ram Nath Kundu, (SC)
BS198201
SUPREME COURT OF INDIA
Before:-Syed Shah Mohammed Quadri and S.N. Phukan, JJ.
Civil Appeal Nos. 7235-7243 of 1999 with I.A. Nos. 13 to 39. D/d.
30.4.2001.
Indian Oil Corporation Ltd. Panipat - Appellant
Versus
Ram Nath Kundu & Ors. - Respondents
Compensation -
ORDER
Impleadment applications are dismissed.
Exemption is allowed.
These appeals arise out of an interlocutory order passed by the High Court of Punjab and Haryana at Chandigarh in RFA Nos. 3241-3249/1999 dated 15.10.1999 permitting the respondents to withdraw the amount of enhanced compensation.
2. This Court by order dated December 13, 1999 granted leave to appeal against the said order and stayed the impugned order of the High Court. That order was modified on 24.11.2000 and the modified order reads as follows:
"Having heard the learned Counsel for the parties, we are of the view that the said order of this Court needs to be modified permitting the respondents to withdraw one-half of the compensation awarded by the Reference Court on furnishing security to the satisfaction of District Judge, Panipat. The said order of this Court is accordingly modified. I.As. are disposed of as indicated above."
3. Now interlocutory Application Nos. 13 to 21 are filed seeking further modification of this order. We do not propose to entertain these applications because, in our view, the appeals having arisen out of an interlocutory order can be disposed of.
4. Having regard to the quantum of enhanced compensation we consider, an equitable order would meet the ends of justice. We set aside the order of the High Court and pass the following order.
The respondents shall be permitted to withdraw one-half of the enhanced compensation on furnishing Bank Guarantee of a nationalised Bank in the Reference Court, District Judge, Panipat.
5. The order of the High Court under appeal is modified to the above extent. The appeals are allowed accordingly. There shall be no order as to costs.
Appeals allowed accordingly.