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2015 Supreme(Ker) 1380

P.N.RAVINDRAN, ANIL K.NARENDRAN
State of Kerala – Appellant
Versus
Edward John – Respondent


Advocate Appeared:
For the Appellant : A. Mohammed Savad, Government Header
For the Respondent:K.L. Varghese, Santha Varghese, Rahul Varghese and Ranjith Varghese, Advocates

JUDGMENT :

Anil K. Narendran, J.

The appellants are the defendants in O.S. No. 313 of 2006 on the file of the Court of the Principal Subordinate Judge of Thiruvananthapuram. The said suit was filed by the respondent herein for realisation of the sum of Rs. 4,27,276/- due to him as per the statement of accounts furnished, from the appellants and their assets and for allowing him to realise future interest at the rate of 18% per annum on the aforesaid sum from the date of suit till realisation together with costs of the suit. The court below by judgment delivered on 30.9.2010 decreed the suit and allowed the respondent to realise the sum of Rs. 4,27,276/- together with interest at the rate of 12% per annum from the date of suit till realisation and costs of the suit from the appellants and their assets. Aggrieved by the said judgment and decree, the appellants are before this Court in this appeal. We heard the arguments of the learned Government Pleader appearing for the appellants/defendants and also the learned counsel appearing for the respondent/plaintiff.

2. Going by the plaint averments, the plaintiff is a registered PWD contractor, who had undertaken the contract work of "Improve






















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