Partly allowed
Union of India v. M/S. Eknath Khemchand and Co.
Bombay HCFA/484/1992
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THE HIGH COURT OF JUDICATURE AT BOMBAY IN…
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:1:
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 484 OF 1992
Union of India ..Appellants
versus
M/s. Eknath Khemchand & Co. ..Respondents
Mr. A. N. Samant for the Appellants.
None for the Respondents.
CORAM : D. G. DESHPANDE,J.
DATE : 12TH APRIL,2005
ORAL ORDER :
1. Heard learned counsel for the appellants.
Nobody is present for the respondents. He raised
only one submission and that is regarding award of
interest at the rate of 12% per annum on the
decretal amount. Counsel for the appellants relied
upon judgment of this Court reported in 2005 (1)
Mh.L.J. 165 Maharashtra State Electricity Board vs.
Union of India. It was a claim against the Railways
and the interest was awarded ultimately by the High
court at 9% per annum. I had also followed same
judgment earlier, therefore on this ground alone,
the appeal is to be partly allowed. In the result,
I pass the following order:
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ORDER
. The Appeal is partly allowed.
. Order of the Tribunal is modified as under :
The Appellants herein are ordered to pay
Rs.4,116/- to the Respondents herein
together with interest at the rate of 9% per
annum on Rs.4,056/- from the date of the
suit till realisation, and proportionate
costs.
. No order as to costs of this Appeal.
12.04.2005 (D.G. DESHPANDE, J.)
Union of India
M/s. Eknath Khemchand & Co.
D. G. Deshpande
As recorded by the court registry
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