IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.110 of 2011 1. PHULENDRA PANDEY SON OF LATE BRIJA PANDEY 2. SMT. INDU DEVI W/O SRI PHULENDRA PANDEY, BOTH ARE RESIDENT OF VILLAGE PANPURA, P.S. & P.O. TARARI, DISTRICT BHOJPUR (ARRAH). ... ... APPELLANTS. Versus THE UNION OF INDIA THROUGH THE GENERAL MANAGER, EAST CENTRAL RAILWAY, HAZIPUR (BIHAR). ... ... RESPONDENT. ----------- 4. 18.4.2011. Heard learned counsel for the appellants and Mr. Shabbir Ahmad, learned counsel appearing on behalf of the respondent-Union of India through the General Manager, East Central Railway, Hajipur (Bihar). The present appeal under Section 23 of the Railway Claims Tribunal Act,1987 has been preferred against part of the order dated 8.8.2008 passed by Railway Claims Tribunal in Claim Application No. O.A.151 of 2004 whereby the Tribunal had directed that if compensation amount is not paid by the Railways within two months from the date of order, the claimant shall be entitled to get interest @ 9% per annum from the date of order till the date of realization. Learned counsel for the appellants has not assailed the order on other grounds save and except on interest point. It has been admitted by the learned counsel for the appellants, at bar, that much prior to the filing of the present appeal, the claimant had already received compensation amount. In this case, order of the Railway claims Tribunal was passed long back on 8.8.2008. However, present appeal was filed on 14.2.2011 i.e. 2 after lapse of about three years. Of course, along with the appeal a limitation petition under Section 5 of the Limitation Act vide I.A. No.1295 of 2011 was filed, which was also allowed by this Court on 18.2.2011. The court is of the opinion that had the appellants been aggrieved with the order of Railway Claims Tribunal, the appellants were having right to assail the order even before receiving of the compensation amount. After receiving of the amount of compensation awarded by the Railway Claims Tribunal, there was no occasion for the appellants to wait for such a long time. After expiry of about three years, the present appeal was preferred. Learned counsel for the appellants has referred to Annexure-1 series to the present appeal in support of his stand that this Court in number of cases has passed order awarding interest on compensation amount from the date of filing of the claim petition till the date of realization of the amount. In the present case, specifically an objection has been raised on behalf of the respondent that compensation amount was paid long back and that was received without any objection. The order of Railway Claims Tribunal was passed on 8.8.2008 and the present appeal was filed in the year 2011. After hearing learned counsel for the parties, the court is of the opinion that the impugned order, at this stage, requires no interference. Accordingly, the appeal stands rejected. Md.S ( Rakesh Kumar,J.)