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IN THE SUPREME COURT OF INDIA
CIVIL APPEAL NOS. OF 2025
(arising out of SLP(C) Nos. 22570-22572 of 2024)
M/S. GOKUL LAMP WORKS PRIVATE
LIMITED ETC. ..... APPELLANT(S)
Leave granted.
During the hearing, it is accepted that payment of
60,94,400/- (Rupees Sixty Lakhs Ninety Four Thousand Four Hundred
₹ only) along
Limited. It is also accepted that the appellant, M/s. Thamaka Lamp
Components Private Limited, has received the payment of
54,37,036/- (Rupees Fifty Four Lakhs Thirty Seven Thousand Thirty
₹
Six only) along
The dispute before us only relates to post-award interest,1 that is,
15,23,600/- (Rupees Fifteen Lakhs Twenty Three Thousand Six
₹
Hundred only) was paid/deposited and till 20.01.2023 when
91,03,844/- (Rupees Ninety One lakhs Three Thousand Eight Hundred
₹
ORDER
1 Awards dated 19.01.2005 passed by the Arbitral Tribunal in Arbitration Case Nos. 58/1998 and 51/1998. Forty Four only) was paid/deposited. The payments would be set off against the principal amount of 60,94,400/- (Rupees Sixty Lakhs ₹ Ninety Four Thousand Four Hundred only), for the appellant, M/s. Gokul Lamp Works Private Limited. Similarly, for the appellant, M/s. Thamaka Lamp Components Private Limited, the dispute before us only relates to post-award interest, that is, with effect from 19.01.2025 till 09.04.2019 when 13,59,260/- (Rupees Thirteen Lakhs Fifty Nine Thousand Two Hundred ₹ Sixty only) was paid/deposited and till 20.01.2023 when 81,31,312/- (Rupees Eighty One Lakhs Thirty One Thousand Three ₹ Hundred Twelve only) was paid/deposited. The payments would be set off against the principal amount of 54,37,036/- (Rupees Fifty Four ₹ Lakhs Thirty Seven Thousand Thirty Six only), for the appellant, M/s. Thamaka Lamp Components Private Limited. Having considered the pleas and contentions of the parties, we are inclined to set aside the impugned judgment dated 18.11.2022,[2] which had set aside the award on the question of payment of postaward interest. We direct that the respondent, Mysore Lamp Works Limited, will pay simple interest at the rate of 14% per annum from the date of the award, that is 19.01.2005 till payment(s) is/are made. The impugned order dated 30.05.2024[3] dismissing the review petition filed against the judgment dated 18.11.2022 is also accordingly set aside. A copy of the computation chart/sheet will be furnished and made available to the appellants, M/s. Gokul Lamp Works Private
2 Passed by the High Court in Miscellaneous First Appeal Nos. 2389/2018(AA) and 2390/2018(AA).
3 Passed by the High Court in Review Petition no. 163/2023 in in Miscellaneous First Appeal Nos. 2389/2018(AA) and 2390/2018(AA). Limited and M/s. Thamaka Lamp Components Private Limited. The aforesaid payment will be made within ten weeks from today. We have passed the above order, as it is pointed out that the respondent, Mysore Lamp Works Limited, was earlier functional but is now being used for public purposes. Appeals are disposed of, giving liberty to the parties to file an application before this court in case of difficulty or failure to comply and make payment. In case of delay in payment, this court will revise the rate of interest. The appeals are partly allowed and disposed of in the above terms. Pending application(s), if any, shall stand disposed of.................CJI. (SANJIV KHANNA) .................. J. (SANJAY KUMAR) NEW DELHI; FEBRUARY 07, 2025.