-1- IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Miscellaneous Appeal No.3452 of 2009 Union of India through the General Manager, North Central Railway, Allahabad (U.P.) VERSUS Baby Bhawna Sharma daughter of Shri Suresh Chand Sharma (Minor) Date of Order :::: 9th April 2010 Hon'ble Mr. Justice Dalip Singh Shri Alok Garg, Counsel for the appellant Shri Deepak Goyal, Counsel for the respondent *** By the Court : Heard learned counsel for the parties. Learned counsel for the parties submit that though the appeal is barred by limitation and an application under Section 5 of the Limitation Act for condonation of delay has also been filed, but the appeal itself may be disposed of in the light of the order dated 03.02.2010 passed by this Court in S.B. Civil Miscellaneous Appeal No.4386 of 2009 (Union of India Vs. Mayank Modi). Request made by the learned counsel for the parties is accordingly allowed. -2- The present miscellaneous appeal stands disposed of in the light of the order dated 03.02.2010 in the aforesaid case. The said order reads as follows : It is not in dispute that this miscellaneous appeal, which was preferred only against the award of interest and the point involved stands covered by the decision of the Hon'ble Supreme Court in the case of Tahazhathe Purayil Sarabi and Others Vs. Union of India and Another, reported in 2009 IV A.C.J. 2444, wherein their Lordships of the Hon'ble Supreme Court have held that the payment of interest on the compensation amount by the learned Tribunal @ 6% per annum from the date of filing of the application till the date of award and, thereafter, @ 9% per annum till the date of realization/payment is permissible. In view of the aforesaid pronouncement of the Hon'ble Supreme Court, I find no merit in this miscellaneous appeal and the same is dismissed. Consequently, the miscellaneous appeal and the stay application stand dismissed. In view of the above, the application submitted by the respondents for vacation of the ex-parte stay order also stands disposed of. In view of the above, the miscellaneous appeal, the stay application, the application under Section 151 C.P.C. and the application under Section 5 of the Limitation Act stand disposed of. (Dalip Singh), J. Ashok/