[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO. 27 OF 2009 IN WRIT PETITION NO.6956 OF 2008 WITH CIVIL APPLICATION NO.23 OF 2009 IN LETTERS PATENT APPEAL NO.27 OF 2009 IN WRIT PETITION NO.6956 OF 2008 The State of Maharashtra ..Appellant Vs. M/s.B.T.Patil and Sons Engineer and Contractors ..Respondents .... Mr.C.R.Sonawane AGP for Appellant Mr.N.V.Walawalkar for Respondent .... CORAM: J.N.PATEL AND CORAM: J.N.PATEL AND CORAM: J.N.PATEL AND SMT.V.K.TAHILRAMANI, JJ. SMT.V.K.TAHILRAMANI, JJ. SMT.V.K.TAHILRAMANI, JJ. DATE : FEBRUARY 27, 2009 DATE : FEBRUARY 27, 2009 DATE : FEBRUARY 27, 2009 P.C. P.C. P.C. 1. Heard both sides. 2. The Appellant-original Petitioner has challenged the order passed by the learned Single Judge dated 18.11.2008 in Writ Petition No. 6956 of 2008 whereby the Writ Petition preferred by the Appellant, came to be rejected. 3. The Respondent was the successful bidder in respect of construction of Tillari Hydro Electric [-2-] Project and Construction of Tail Race Tunnel, Tillari, Taluka Chandgad, Dist. Kolhapur. He completed the work as entrusted to him and requested the Appellant to work out final bill. As certain dispute crept up between the parties, the dispute was referred for arbitration. The Arbitrator passed Award dated 9.9.2002 in favour of Respondent and filed the said Award for passing the decree in terms of the said Award before the learned Civil Judge J.D. Both the parties did not oppose the said Award. An interlocutory application was filed seeking decree in terms of Award. The learned Civil Judge held that the Respondent-decree holder is entitled to recover an amount of Rs.7,05,79,315/- from the Appellant-judgment debtor as differential amount due to error apparent on the face of record and admitted by the appellant including the interest on the principal sum calculated from 1.11.2002 upto 15.7.2008 against the claim No.4 of the Arbitration Award. 4. The learned Civil Judge further held that the amount calculated by levying penal interest @ 2% is kept open with an observation that in case the [-3-] Appellant succeeds in Writ Petition Nos. 59 and 61 of 2004, the decree holder is not entitled to receive the amount of element of penal interest but in case the judgment debtor fails in the said Writ Petitions in that contingency the Judgment Debtor is liable to pay to Decree Holder by calculating amount of penal interest @ 2% p.m. 5. Being aggrieved by the order in relation to levy of penal interest, the Writ Petition had been preferred by the Appellant. 6. It is seen that the debt has been admitted by the Appellant. In such case, order of the learned Civil Judge directing payment of penal interest should be kept in abeyance, cannot be faulted. We see no error or illegality in the order of the learned Single Judge, hence, Letters Patent Appeal is dismissed. [J.N.PATEL, J.] [J.N.PATEL, J.] [J.N.PATEL, J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.]