IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP No. 686 of 2006()
1. STATE OF KERALA, REP. BY THE
... Petitioner
2. SUPERINTENDING ENGINEER,
Vs
1. JOSEPH PALAKKAN, GOVERNMENT CONTRACTOR,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.JOHNSON MANAYANI
The Hon'ble MR. Justice K.A.ABDUL GAFOOR
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :24/01/2007
O R D E R
K.A. ABDUL GAFOOR & K.R. UDAYABHANU, JJ
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C.M. Appl. No. 858/2006 & R.P. NO. 686 OF 2006
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Dated this the 24th day of January 2007
ORDER
Udayabhanu, J
State has filed the review petition seeking to condone the delay
of 569 days. It is mentioned that certified copy was received on
20.12.2004. The present application is filed on 20.07.2006. It is
stated that the judgment was forwarded to the Superintending
Engineer and the Superintending Engineer sent the file to the office of
the Advocate General on 04.07.2006. The date on which the
judgment has been forwarded to the Superintending Engineer is not
specified. We find that the reason mentioned is hardly sufficient to
condone the delay of about 2 years. Moreover, we find that there is
nothing wrong in the judgment portion granting interest, that is, at 12
per cent on the principal sum till the date of decree and thereafter at
the rate of 6 per cent on the principal sum till realisation. We find no
substance in this regard also. Hence the Petition to condone delay is
dismissed.
K.A. ABDUL GAFOOR, JUDGE
K.R. UDAYABHANU, JUDGE.
RV