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1995 Supreme(SC) 595

Mathunni Mathai – Appellant
Versus
Hindustan Organic Chemicals LTD. – Respondent


Advocates:
BABY KRISHNAN, C.N.SRI KUMAR, G.VISHVANATHA IYER, M.M.KASHYAP, M.T.George, P.T.Mathur, ROY ABRAHIM, Sudhir Gopi

JUDGMENT

R. M. SAHAI, J. :—The question of law that arises for consideration in these appeals directed against the judgment and order of the High Court of Kerala is whether the decretal amount deposited by the judgment-debtor in pursuance of an order passed by this Court is to be adjusted towards the principal amount due first or against interest and other charges.

2. The amounts due under the Land Acquisition Award passed by the Court in 1985 comprised of enhanced market value, solatium at 15% and interest at 4% on the additional amount. In cross appeal filed by the appellant, the State and the company the enhancement of market value was affirmed but the appellant was further granted solatium at 30% of the entire market value, additional compensation under Section 23(1A) of the Land Acquisition (Amendment) Act, 1984 and interest under the amended Section 28 at 9% for the first year and 15% for the subsequent years. The company challenged the order of the High Court by way of Special Leave Petition in this Court in which an order was passed to the following effect :

"Issue notice confined to the question of admissibility of enhanced compensation with reference to the provisions of th























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