IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP No. 228 of 2005()
1. THE KERALA STATE ELECTRICITY BOARD,
... Petitioner
Vs
1. CHANDRASEKHARAN NAIR,
... Respondent
For Petitioner :SRI.A.SUDHI VASUDEVAN, SC, KSEB
For Respondent :SRI.JOHNSON P.JOHN
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :12/07/2007
O R D E R
PIUS C. KURIAKOSE, J.
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C.R.P. NO.228 OF 2005
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Dated this the 12th day of July , 2007
O R D E R
Heard the learned Standing Counsel for the KSEB. He seeks
time on the ground that the file is misplaced. On going through
the impugned award, I find that the learned Judge has relied on
the principles laid down by this court in the judgment in CRP
No.196/1996. In fact after preliminary award was passed, by
which it was found that the petitioner is entitled to additional
compensation, the petitioner was directed to file a statement in
accordance with the directions in the preliminary award. A
reading of the impugned award will show that the KSEB did not
file any objection to the statement filed.
2. Under the above circumstances, it cannot be said that
the impugned order suffers from any infirmity warranting
correcting under the revisional jurisdiction under Section 115 of
the C.P.C. But at the same time I find, on the facts of this case
CRP No.228/2005 2
that the court below was not justified in awarding interest at the
rate of 9% per annum I reduce the rate of interest from 9% to
6% . Subject to that modification, the impugned order is
confirmed.
The Civil Revision Petition is disposed of as above.
PIUS C. KURIAKOSE,
JUDGE.
dpk