Supreme Court of India

Superintending Engineer vs E.R.Sundaram on 23 February, 2009

Supreme Court of India
Superintending Engineer vs E.R.Sundaram on 23 February, 2009
Author: . ……………
Bench: The Chief Justice, P. Sathasivam
                                                1

                     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

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.
2

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.