IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 RFA.No. 621 of 2008(C) -------------------------------- (THE COMMON JUDGMENT DTD. 23/08/2006 IN OS.65/2002 OF PRL.SUB COURT,KOTTAYAM) .................... APPELLANT/ DEFENDANT: --------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE STATE,THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, P.W.D. ROADS AND BRIDGES, P.W.D. OFFICE,THIRUVANANTHAPURAM. 3. SUPERINTENDING ENGINEER, P.W.D.ROADS DIVISION, P.W.D. OFFICE,KOTTAYAM. 4. THE EXECUTIVE ENGINEER P.W.D.ROADS DIVISION, P.W.D. OFFICE,KOTTAYAM. BY GOVERNMENT PLEADER SMT. K. MEERA. RESPONDENT: ---------------------- P.T.THOMAS, PURAYIDATHIL HOUSE, PADINJATTUMBHAGOM KARA, ATHIRAMPUZHA VILLAGE, ATHIRAMPUZHA P.O.,KOTTAYAM TALUK. BY ADVS. SRI.REJI GEORGE, SRI.RAJEEV V.NAIR. THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 09/01/2009,ALONG WITH R.F.A NO.628/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.F.A. NO. 621/2008-C: ORDER ON I.A. NO. 3914/2008 IN R.F.A.NO. 621/2008-C DISMISSED SD/- J.B.KOSHY, ACTING CHIEF JUSTICE, 09/01/2009. SD/- P.R.RAMACHANDRA MENON, JUDGE. //TRUE COPY// P.S. TO JUDGE. prv. J.B. Koshy,Ag.C.J. & P.R.Ramachandra Menon, J. -------------------------------------- R.F.A. Nos.621 & 628 of 2008 --------------------------------------- Dated this the 9th day of January, 2009 Judgment Koshy, Ag.C.J. These two appeals are filed against the common judgment and decree passed by the trial Judge in O.S.Nos.61 and 65 of 2002 and issue to be considered is identical. Respondent/Plaintiff was a contractor. He approached this court contending that even the admitted bills are not paid. Writ petitions were disposed of on 29.10.1999 directing that undisputed amounts should be paid within three months from the date of receipt of a copy of the judgment failing which it will carry 12% interest from the date of submission of the bills. Admitted amount was not paid within three months from the date of receipt of a copy of the judgments. Therefore, interest has to be paid from the date of the bill. With regard to the amounts claimed in O.S.No.61 of 2002, judgment was passed on 29.10.1999. Even part payment was made only on 31.3.2000. Since admitted amount was not paid within three months as directed and interest as directed was also not paid, respondent/plaintiff approached the civil court for interest. After R.F.A. Nos. 621 & 628/2008 2 considering evidence, the court below found that the amount was not paid in time as directed by the court. Therefore, interest was decreed from the date of bill till the date of payment at the rate prescribed by the judgment. It is also stated that there is no question of payment of any future interest after the amount was paid. As principal amount was paid, interest was calculated only from the date of the bill till payment. Similar is the case in O.S.No.65 of 2002 also. We see no ground to interfere with the judgment as Ext.A6 judgment passed by this court has become final. There is no dispute regarding the date of bill, payment of admitted amount and rate of interest. Even otherwise, court has given reasons why interest should be paid. No valid grounds are stated to interfere in the judgment and decree passed by the trial court. Both appeals are dismissed. In the circumstances of the case, no cost. J.B.Koshy Acting Chief Justice P.R.Ramachandra Menon Judge vaa R.F.A. Nos. 621 & 628/2008 3 R.F.A. Nos. 621 & 628/2008 4 J.B. KOSHY, Ag.C.J. AND P.R.RAMACHANDRA MENON,J. ------------------------------------- W.A.No. /2006 ------------------------------------- Judgment Date:9th January, 2009