IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.6956 OF 2008 PETITION NO.6956 OF 2008 PETITION NO.6956 OF 2008 The State of Maharashtra . Thru’ Tillari Head Works Division No.1, . Dodamarg, Sindhudurg ...Petitioner V/s. B.T. Patil & Sons Engineers & . Contractors, Belgaum, Karnataka ...Respondent Mr.C.R. Sonawane, AGP, for the Petitioner. Mr.V.V. Tulzapurkar i/b. Mr.N.V. Bandiwadekar for the Respondent. CORAM CORAM CORAM : SMT.NISHITA MHATRE, J. : SMT.NISHITA MHATRE, J. : SMT.NISHITA MHATRE, J. DATE DATE DATE : 18TH NOVEMBER, 2008. : 18TH NOVEMBER, 2008. : 18TH NOVEMBER, 2008. P.C.: P.C.: P.C.: . The Petition challenges the order passed by the Civil Judge, Senior Division, Gadhinglaj, Dist. Kolhapur, on 15th July, 2008 in Special Darkhast No.26 of 2007. This Darkhast was filed for executing the Award of the arbitrator dated 9th September, 2002. The learned Judge has recorded that amount of Rs.7,05,79,315.14 is the amount recoverable from the judgment debtor i.e. the petitioner as the differential amount due to errors in calculations. The amount admitted by the judgment debtor is Rs.3,63,13,897/- besides the interest payable @ 15% p.a. from 1-11-02 to 15-7-08. 2. The learned Judge has directed that the payment of penal interest to which the respondent was entitled, should be kept in abeyance till the decision in Writ Petition Nos.59 of 2004 and 61 of 2004. 3. In my opinion, there is no need to interfere with this order impugned in the Petition as the debt has been admitted by the petitioner. Besides that, the penal interest is not liable to be paid till the decision in the aforesaid Writ Petition. 4. The Petition is rejected.