Supreme Court - Daily Orders
State Of U.P. vs Ramesh Chandra Jaiswal . on 15 July, 2015
Bench: Vikramajit Sen, Shiva Kirti Singh
ITEM NO.101 COURT NO.10 SECTION XI
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). 8225/2003
STATE OF U.P. & ORS. Appellant(s)
VERSUS
RAMESH CHANDRA JAISWAL & ORS. Respondent(s)
(with office report)
Date : 15/07/2015 This appeal was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE VIKRAMAJIT SEN
HON'BLE MR. JUSTICE SHIVA KIRTI SINGH
For Appellant(s) Mr. Aarohi Bhalla, Adv.
Mr. Ardhendumauli Kumar Prasad,Adv.
For Respondent(s)
Mr. Ambhoj Kumar Sinha,Adv.
UPON hearing the counsel the Court made the following
O R D E R
Civil Appeal is disposed of in terms of the Signed Order.
(NEELAM GULATI) (SAROJ SAINI)
COURT MASTER COURT MASTER
(Signed Order is placed on the file) Signature Not Verified Digitally signed by Usha Rani Bhardwaj Date: 2015.08.25 16:31:02 IST Reason: IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 8225 OF 2003 STATE OF U.P. & ORS. Appellant(s) VERSUS RAMESH CHANDRA JAISWAL & ORS. Respondent(s) O R D E R We have perused the Impugned Order and we have also gone through the records carefully.
Learned Counsel for the Appellants justifiably contends that the Award of interest at the rate of 12% was not justified.
In response Learned Counsel for the Respondents also fairly submits that if the Impugned Judgment is upheld the rate of interest is to be reduced by this Court.
In these circumstances, keeping in mind that the Appellants had not properly conducted the re-auction, and that the Respondent had prima facie breached the contract, we think that the interest should be reduced to 6% per annum. The amount of Rs.2,71,694.70/- (Rupees two lakhs seventy one thousand six hundred ninty four and seventy paise only) together with the interest at the rate of 6% p.a. be paid within one month to the Respondents. We order accordingly.
We make it clear that if this payment is not made, the Impugned Judgment shall revive and this Appeal shall be deemed to have been dismissed with all consequences to follow.
Civil Appeal is disposed of in the above term.
…..............J (VIKRAMAJIT SEN) …..............J (SHIVA KIRTI SINGH) NEW DELHI JULY 15, 2015