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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)

O R D E R

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.  

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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.