1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 11365 OF 2009 IN FIRST APPEAL NO. 108 OF 1996 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr. V.C.Solshe,Advocate for applicant. Mr. Abdul Hussain, holding for Mr. D.S.Bagul, Advocate for respondent. ........................... [ CORAM : P.R.BORKAR, J. ] DATE : 05/03/2010 PER COURT : 1. Heard Mr. Solshe, Advocate for the applicant and Mr. Abdul Hussain holding for Mr. D.S. Bagul, Advocate for respondent. 2. This is an application for review of Judgment passed by this Court in First Appeal No. 108 of 1996 dated 23/6/2009. 3. The grievance of the applicant is 2 that the trial Court had awarded compensation of Rs. 40,000/- with interest @ 12 % from the date of filing of the application till realization. However, this Court though allowed the Appeal partly, reduced the compensation amount to Rs. 30,000/-. He further contended that in the order passed by this Court, inadvertently, the part of interest remained to be mentioned. He also contended that it is apparent error committed on the face of record, which can be corrected. 4. It is argued by the learned counsel for the applicant that so far as part of interest is concerned, it was not argued before this Court by either side. 5. After hearing both sides, in my opinion, the part of interest remained to be included in the final order. However, this Court also takes into consideration that as per the prevailing practice the rate of interest awarded is @ 7 % to 9 % and in such circumstances, 9 % interest would be proper. At the same time, Mr. Abdul Hussain, the learned counsel also points out that the respondent has already deposited certain amount and he prays that the interest 3 should not continue on that amount subsequent to the date of deposit. To this submission Mr. Solshe fairly concedes. He states that further interest on the remaining amount may be awarded. 6. In the circumstances, the error committed in the order to the extent of interest needs correction. It is made clear that amount of Rs. 30,000/- awarded by this Court shall be paid from the date of application till actual payment @ 9 % per annum. It is also made clear that since amount of Rs. 23,750/- is already deposited, the interest on said portion of compensation shall be from the date of application till the date on which said amount is deposited in the Court. On remaining amount of Rs. 6250/-, the interest shall be calculated from the date of application till actual payment of said amount. With this clarification, the review petition is disposed of. [ P.R.BORKAR ] JUDGE knp/C.A.11365.09 in F.A. 108.96