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Querist : Anonymous (Querist) 23 October 2011 This query is : Resolved
Is interest payable on award amount for the period the claim petition remaind dismissed in default? please cite case law.

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Kiran Kumar (Expert) 23 October 2011
the interest is awarded from the date of filing of petition.

as far as Dismissal on default is concerned it can be for various reasons which may not be attributable to the party...so I dont think the court should order for deduction of interest for that period...

Shailesh Kr. Shah (Expert) 24 October 2011
No, it can't be allowed in my opinion. Try case law search at:-

www.indiankanoon.org

prabhakar singh (Expert) 24 October 2011
When a petition is restored ,dismissal looses its character.So it would not reasonable to do so by court unless some cogent and deliberate default is found prolonging the proceedings on the part of party seeking the interest.

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