Supreme CourtDivision Bench(2009) 02 SC CK 0158

The Superintending Engineer vs E.R. Sundaram

Supreme Court Of India · Decided on 23 February 2009

HON’BLE JUDGES
K. G. Balakrishnan, C.J · P. Sathasivam, J
RESULT
Dismissed
CASE NUMBER
Civil Appeal No. 1170 of 2009 (Arising out of Special Leave Petition (Civil) No. 28485 of 2008)

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

3 paragraphs · 212 words
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.