Superintending
Engineer Vs. E.R.Sundaram [2009] INSC 397 (23 February 2009)
Judgment
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1170 OF 2009 (@SPECIAL
LEAVE PETITION (CIVIL)NO.28485 OF 2008) The Superintending Engineer
Appellant(s) VERSUS E.R.Sundaram Respondent(s)
ORDER
1.
Leave
granted. Heard both sides.
2.
The
respondent was a contractor engaged to do some work at Periyar Dam, Tamil Nadu
and the work was alleged to have been interrupted because of the intervention
of some Kerala Forest Officials and ultimately in the arbitration proceedings
an Award was passed on 19.1.1998 for a sum of Rs.2,22,54,301/-. We are told
that the principal amount has been paid and the Execution Court has directed
that the interest shall be payable @18% p.a. from the date of the arbitration
till the amount is paid and @ 10% p.a. interest prior to the award. Learned
counsel for the respondent waives awarding of interest prior to the award. We
record the same. The appellant is directed to deposit interest @ 18% p.a. from
the date of the award in the Execution Court. Respondent herein is permitted to
file a petition for withdrawal of the same before the said Court.
3.
Learned
counsel for the appellant point out that already an application has been filed
to set aside the arbitration award and the same is pending before the District
Court. The said application shall be disposed of by the District Court at an
early date. With the above direction the appeal is disposed of. No costs.
...............CJI.
(K.G. BALAKRISHNAN)
.................J.
(P.SATHASIVAM)
NEW
DELHI;
23RD
FEBRUARY, 2009.
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