1 10 S.B. CIVIL WRIT PETITION NO.7523/2009. M/s. Ganpati Sarees Vs. Permanent Lok Adalat, Hanumangarh & Ors. Date of Order :: 29th July 2009. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. Hemant Jain, for the petitioner. ... BY THE COURT: By the award dated 02.02.2009 as made in Case No. 36/2007, the Permanent Lok Adalat, Hanumangarh, has held the petitioner entitled to recover an amount of Rs. 50,679/- from the non-applicants jointly and severally. This writ petition has, however, been filed by the claimant-petitioner suggesting that the Permanent Lok Adalat has acted illegally in not awarding him interest over the amount of award. Having examined the application as made by the petitioner to the Permanent Lok Adalat (Annex.7) wherein nothing was claimed towards interest at all, the learned counsel was posed the question regarding entitlement of the petitioner for such interest despite having not made a specific claim in that regard. The learned counsel submitted that such a claim was indeed made before the learned Permanent Lok Adalat in the written arguments (Annex.9). It is submitted that 2 the learned Permanent Lok Adalat has erred in not granting reasonable interest in relation to the loss suffered by the petitioner particularly for having been deprived of his property. The claim aforesaid was made by the petitioner for the alleged loss suffered by him due to non-delivery of the consignment, said to be consisting of two bales of clothes. Whatever was the amount claimed by the petitioner in the application, i.e., Rs. 50,679/-, has specifically been allowed by the learned Permanent Lok Adalat. The claim for interest was never made in the application or even by way of supplementary pleading. The claim for interest having never been made a point or issue, there was no reason, basis, justification, or even logic that the petitioner would maintain such claim for interest merely by way of so-called written arguments. The petitioner having never claimed interest in the application, the respondents have had no occasion to reply on such a claim of interest; and, for want of specific claim and looking to the nature of dispute, the learned Permanent Lok Adalat cannot be said to have committed any error whatsoever in not awarding interest in this matter. It is noticed that even in the notice served by the petitioner (Annex.4), may be at the initial point of time when 3 the goods were found not delivered, there was no indication that the petitioner would be claiming interest. In the overall circumstances, the order as passed by the Permanent Lok Adalat so far omission in awarding interest is concerned, does not appear suffering from any jurisdictional error or illegality; and no case is made out for interference in the writ jurisdiction at the instance of the petitioner. The petition fails and is, therefore, rejected. (DINESH MAHESHWARI), J. //Mohan//