The Superintending Engineer v. Nandakumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Tuesday, the Fifteenth day of June Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN AS(MD). No.23 of 2018 THE SUPERINTENDING ENGINEER TAMIL NADU ELECTRICITY BOARD THANJAVUR.

...Appellant/Defendant Vs 1 NANDAKUMAR

...Respondent/Plaintiff

Prayer :-Appeal suit filed under Section 96 r/w order 41 rule 1 of the civil Procedure Code, against the judgment and decree in O.S.No.88 of 2014 on the file of the Principal district Court, Thanjavur, dated 30.4.2015.

DECREE:

This Appeal having come up for hearing on this date, upon perusing the grounds of Appeal, the order of the lower court and the material papers to the Appeal and upon hearing the arguments of, Mrs.M.Parameswari, for Mr.SMS.Johnny Basha, Advocate for the Appellant, and Mr.G.Karnan, Advocate for the Respondent and this court while Allowing this Appeal in Part, doth order and decree as follows:-

(1) That the judgment and decree in O.S.No.88 of 2014 on the file of the Principal District Court, Thanjavur, dated 30.04.2015 be and hereby is modified.

(2)that the Appellant herein/Electricity Board be and hereby is directed to deposit the amount of Rs.3,50,000/-(Rupees Three Lakhs Fifty Thousand Only) together with interest at the rate of 6% per annum from the date of suit till the date of payment and if any amount had already been deposited, the same shall be adjusted. (3)that on such deposit being made, the Respondent herein/Plaintiff be and hereby is permitted to withdraw the compensation now awarded in this court by filing proper application before the trial court less the amount already withdrawn by the Respondent herein/Plaintiff, if any.

(4)that there be no costs in this Appeal Suit. Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/

TO The Principal district judge, Thanjavur.

Copy to The Record keeper (2C) V.R.Section, Madurai Bench of Madras High Court, Madurai ORDER DATED:15/06/2021 ===================== DECREE ===================== A.S.(MD).No.23 of 2018 While Allowing this in part and modifying against the judgment nad decree in O.S.No.88 of 2014 on the file of the Principal District Court, Thanjavur, dated 30.4.2015 etc., as stated within KB(16.07.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/