Heard learned counsel for both sides.
2. Both parties have referred the judgment of Hon’ble Supreme Court of India passed in Civil Appeal Nos.7353-7362 of 2021.The order has been passed on 02.12.2021.Learned counsel for the decree holders submitted that as per direction of Hon’ble Supreme Court of India, the possession was delivered in the year 1992.He submitted that the judgement debtor only paid interest for the period 1991- 1992. He submitted that interest should be paid for the period as per the decision of the Hon’ble Supreme Court.
3. Learned counsel for the judgement debtor filed affidavit on 04.11.2022.He has offered the possession on 23.06.1992 to Sudharkar Jogi Mohanty, On 25.05.1992 to Harun Rasid Khan, Bijoy Kumar Mishra on 10.07.1992, then V.Appa Rao on 02.06.1992 and Amarendra Sahoo on 10.07.1992.He submitted that as per the decision of the Hon’ble Supreme Courtof India, they have offered interest. Therefore, as per direction of the Hon’ble Supreme Court of India, they have paid the interest for the period from Aug’2021 to which date given. He submitted that once offer is made, it is presumed that deliveryof the possession followed it.
4. Considered the submission. Perused the order of the Hon’ble Supreme Court of India. Para-4 is as follows:-
“ xxx xxx xxx
In so far as, direction (ii) is concerned, the period for which interest shall be paid shall commence from 1 August 1991, as directed by the NCDRC,till the date on which the offer of possession was made by the appellant to the respondents.”
5. In view of the order of Hon’ble Supreme Court of India the interest is to be counted from 1.8.1991 till date of offer of possession by the decree holder to the judgement debtor. In fact the amount of interest till the date offer has already been paid as admitted by both the advocates. We find that the order of Hon’ble Supreme Court of India has been already complied.
6. In view of the above discussion, the execution of order being satisfied, said execution is accordingly disposed of.
