No. 2/10.06.2010.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Revision Petitioner through Mr. Asutosh Samaddar, authorized representative and O.P. through Mr. Tarak Mukherjee, the Ld. Advocate along with Mr. Krishnendu Chakraborty, the Ld. Advocate are present.  Heard Mr. Samaddar, the authorized representative and Mr. Mukherjee, the Ld. Advocate for the O.P.  It appears that the only dispute requiring a decision by us is whether the order of the State Commission passed on 07.09.2009 implies payment of Rs.25/- per day for the entire period of 37 days from the date of the order i.e. 07.09.2009 and 28.04.2010 when the payment of Rs.1,500/- was made excluding the period of stay from 14.12.2009 when stay order was passed till 26.02.2010 when the Hon’ble National Commission decided the matter finally and the interim stay order stood vacated.  Admittedly there was a delay of seven days.  The Revisionist contends that he is entitled to the sum of Rs.25/- per day for the entire period of 37 days and not only for the period of default.  The O.P. denied the same and stated that their liability is to pay for period of default only.  On consideration of the contention of both sides and perusing the records including the relevant orders we are of the opinion that the intention of the State Commission in providing the payment of Rs.25/- per day was in case of default for the period of default only.  In the circumstances we hold that the Revisionist is entitled to a further sum of Rs.175/- @ Rs.25/- for seven days.  At this stage the O.P. tenders the said sum of Rs.175/- and the Mr. Samaddar, the authorized representative of the Revisionist accepted the said amount granting Receipt.  In the circumstances the revision is disposed of finally and the Execution Case before the Forum being No. 80 of 2009 also stands disposed of finally.