29 April 2008
Supreme Court
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STATE OF M.P Vs M/S M.R.CONSTRUCTION ENGERS.& CONTRATR.

Case number: C.A. No.-003194-003194 / 2008
Diary number: 1685 / 2007
Advocates: B. S. BANTHIA Vs ANNAM D. N. RAO


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CASE NO.: Appeal (civil)  3194 of 2008

PETITIONER: STATE OF M.P

RESPONDENT: M/S M.R.CONSTRUCTION ENGERS.& CONTRATR.

DATE OF JUDGMENT: 29/04/2008

BENCH: TARUN CHATTERJEE & HARJIT SINGH BEDI

JUDGMENT: JUDGMENT O  R  D  E  R

 CIVIL APPEAL NO.3194 OF 2008  (Arising out of SLP(C)No.3916 of 2007)

       Delay condoned.         Leave granted.         While issuing notice on 19.02.2007, we passed the following Order :-          "Issue notice, returnable within four weeks, on the question of  condonation of delay and also on the special leave petition to the extent that  whether the petitioner is liable to pay interest @ 18% or not.           There shall be interim stay of the operation of the impugned  judgment."                  The only contention raised before us was whether the appellant was liable to pay int erest at  the rate of 18% or not as directed by the High Court.  Since we have issued limited notice o n the  Special Leave Petition, we are not inclined to decide whether the question of limitation tak en by the  learned counsel for the appellant was justified or not.  In that view of the matter and afte r hearing  learned counsel for the parties, we direct to pay 9% interest instead of 18% interest as awa rded by  the arbitrator. With this modification, the appeal stands disposed of.  There shall be no or der as to  costs.