State Of Kerala vs. P. O. Jose

ITEM NO.102 COURT NO.8 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO(s). 6679 OF 2004 STATE OF KERALA & ANR. Appellant (s) VERSUS P.O. JOSE Respondent(s) (With office report) Date: 05/11/2009 This Appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MARKANDEY KATJU HON'BLE MR. JUSTICE ASOK KUMAR GANGULY For Appellant(s) Mr. P.V. Dinesh,Adv. Ms. Sindhu T.P., Adv. Mr.Jojo Jose, Adv. For Respondent(s) Mr. C.N. Sreekumar, Adv. Mr. V.K. Sidharthan,Adv. UPON hearing counsel the Court made the following O R D E R Heard learned counsel for the parties. The appeal is dismissed with the modification that the rate of interest awarded to the respondent by the arbitrator is reduced from 18% to 9%. No order as to the costs. (Ajay Kr. Jain) (Indu Satija) Court Master Court Master (Signed order is placed on the file) IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6679 OF 2004 State of Kerala & Anr. .... Appellants Versus P.O. Jose .... Respondent O R D E R Heard learned counsel for the parties.

This appeal has been filed against the impugned judgment

dated 07.08.2002 of the High Court of Kerala at Ernakulam whereby the appeal filed by the appellants herein has been dismissed.

On the facts of the present case, we are not inclined to interfere with the impugned judgment. However, we reduce the rate of interest, awarded to the respondent by the arbitrator, from 18% to 9%.

The appeal is dismissed with the abovesaid modification. No order as to the costs.

.....................J. (MARKANDEY KATJU)

.....................J. (ASOK KUMAR GANGULY)

NEW DELHI; NOVEMBER 05, 2009