M/S. Gokul Lamp Works Private Limited vs Mysore Lamp Works Limited

IN THE SUPREME COURT OF INDIA 2025 INSC 205 CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. OF 2025 (arising out of SLP(C) Nos. 22570-22572 of 2024)

M/S. GOKUL LAMP WORKS PRIVATE ..... APPELLANT(S) LIMITED ETC.

VERSUS

MYSORE LAMP WORKS LIMITED ..... RESPONDENT(S)

O R D E R

Leave granted.

During the hearing, it is accepted that payment of

₹60,94,400/- (Rupees Sixty Lakhs Ninety Four Thousand Four Hundred

only) along with pendente lite interest at the rate of 12.75% per

annum has been made to the appellant, M/s. Gokul Lamp Works Private

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 with pendente lite interest at the rate of 12.75%

per annum.

The dispute before us only relates to post-award interest, 1

that is, with effect from 19.01.2005 till 09.04.2019 when

₹15,23,600/- (Rupees Fifteen Lakhs Twenty Three Thousand Six Signature Not Verified Hundred Digitally signed by only) was paid/deposited and till 20.01.2023 when Deepak Guglani Date: 2025.02.12 19:44:38 IST ₹91,03,844/- (Rupees Ninety One lakhs Three Thousand Eight Hundred Reason:

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 post-

award 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 30.05.20243 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.