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THE KERALA STATE ELECTRICITY BOARD versus CHANDRASEKHARAN NAIR

High Court of Kerala

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THE KERALA STATE ELECTRICITY BOARD v. CHANDRASEKHARAN NAIR - CRP No. 228 of 2005 [2007] RD-KL 12915 (12 July 2007)

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.

C.R.P. NO.228 OF 2005

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


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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