D. Nageswwara Rao vs M.P.E.D.A on 1 October, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 1428 of 2001()



1. D. NAGESWWARA RAO
                      ...  Petitioner

                        Vs

1. M.P.E.D.A
                       ...       Respondent

                For Petitioner  :SRI.A.ANTONY

                For Respondent  :SRI.JOSEPH MARKOSE

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA

 Dated :01/10/2007

 O R D E R
                       J.B.KOSHY & K.HEMA, JJ.
                         --------------------------------------
                         M.F.A.No.1428 OF 2001
                         -------------------------------------
                          Dated 1st October, 2007

                                  JUDGMENT

Koshy,J.

Appellants/petitioners filed a petition under Section 34 of the

Arbitration and Conciliation Act to set aside the arbitral award dated

14.6.2000. The arbitral award was passed by a retired District Judge.

Even though 18 grounds were mentioned, none of the above grounds

were coming under Section 34 of the Arbitration Act. There is no case

that Arbitrator went beyond jurisdiction or Arbitrator has conducted any

misconduct or there is any patent illegality or error of jurisdiction.

2. It is contended by the appellants that some concessions

were given by the respondent to other parties and that concession should

be extended to them also. There is no legal ground for the same and

respondent has not agreed to extend such concession to the appellants

and even the appellants have no case at all that there was such an

agreement for extending concession. Secondly it was contended that

considering the poor status of the appellants, at least two months

moratorium ought to have been given by the Arbitrator in paying the

amount. The appeal was filed in 2001 and we are in 2007. We note that

as per the provisions of the contract, maximum interest payable was 18%

MFA.1428/2001 2

and that was awarded by the Arbitrator. We have heard the

respondent also. Considering the facts and circumstances of the case,

we are of the opinion that the total amount of Rs.21,00,222/= need be

paid with 12% interest from 1.1.2000 instead of 18% interest till

realisation. Interest calculated till that time is not interfered with.

The award is modified accordingly. No other grounds are made out

for setting aside the award.

The appeal is partly allowed.

J.B.KOSHY
JUDGE

K.HEMA
JUDGE

tks