Subhash Dey vs. National Highways Authority Of India

ITEM NO.15

COURT NO.8

SECTION XVI

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 14125-14126/2022

(Arising out of impugned final judgment and order dated 17-06-2022 in FMAT No. 51/2021 17-06-2022 in FMAT No. 52/2021 passed by the High Court Of Calcutta Circuit Bench At Jalpaiquri)

SUBHASH DEY

Petitioner(s)

VERSUS

NATIONAL HIGHWAYS AUTHORITY OF INDIA & ORS. Respondent $(s)$

(FOR ADMISSION and I.R. and IA No.113520/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Date: 26-08-2022 These petitions were called on for hearing today.

• CORAM : HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MRS. JUSTICE B.V. NAGARATHNA
• For Petitioner(s) Mr. Tathagata Biswas, Adv. Mr. Sujoy Chatterjee, AOR Mr. Aritra Dey Sarkar, Adv. Mr. Rishabh Singhle, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

We have heard Mr. Tathagata Biswas, learned counsel appearing for the petitioner.

impugned judgment and order, the High Court has By the remanded the matter to the Arbitrator to decide the issue of solatium and interest receivable by the petitioner herein. Therefore, the issue whether the petitioner was entitled to signascolatium and interest is to be decided by the now learned $\overline{\mathbf{I}_{\mathsf{V}}}\mathbf{Signed}$ by R ************************************

It will be open for the petitioner to point out before the learned Arbitrator that the petitioner is entitled to the benefit of solatium and interest which is bound to be considered by the learned Arbitrator in accordance with law and on its own merits.

No interference of this Court is called for.

The Special Leave Petitions stand dismissed with the above observation.

Pending application stands disposed of.

(R. NATARAJAN) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR