The Chief Engineer (Building Works) Mtnl v. Lorven International Pvt Ltd.

app-18-15.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 18 OF 2015 IN ARBITRATION PETITION NO.39 OF 2013 The Chief Engineer (Building Works) Mahanagar Telephone Nigam Pvt.Ltd.

... Appellant

Versus

M/s. Lorven International Pvt.Ltd.

... Respondent Mr. Vishal Kanade with Ms. Poonam Shrivastav i/by M/s. Shrivastav & Co. for the appellant.

Mr. R.K. Gajbhiye, Senior Manager (Civil), MTNL present. Mr. Ramesh Ramamurthy for the respondent.

CORAM : MOHIT S. SHAH, C.J. & G.S. KULKARNI, J.

APRIL 7, 2015 P .C.

In our order dated 18 March 2015, we had recorded the offer of the respondent-claimant that the respondent is ready to accept the principal award amount of Rs.46,73,356/- with simple interest at the rate of 10% per annum from 28 December 2006.

2.

Mr. Kanade, learned counsel for the appellant Chief Engineer (Building Works), MTNL, states under instructions that the appellant shall pay the respondent the aforesaid principal amount of Rs.46,73,356/- with simple interest at the rate of SRK

app-18-15.sxw 10% per annum from 28 December 2006 till the date of payment, within two months from today.

3.

In view of the above, nothing would survive in the matter and the appeal is disposed of in terms of the above consensual arrangement between the parties.

4.

We direct that in case the appellant does not pay the respondent the aforesaid amount with interest as agreed within the above time-limit of two months from today, the appellant shall pay interest at the rate of 15% per annum from the date of expiry of the two month period.

CHIEF JUSTICE G.S. KULKARNI, J.

SRK