HARISH CHANDRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The cross objections have been filed by M/s Harish Chandra and Co. in A.O. No. 277 of 2010 seeking enhancement of interest of rate as reduced by the Court under Sec. 30/33 of the Arbitration Act, 1940 (hereinafter referred to as 'the Act').

(2.) Brief facts of the case are that appeal from order no. 277 of 2010 "State of U.P. and others Vs. M/s Harish Chandra and Co. was filed against the judgment and order dtd. 30/4/2010 and decree dtd. 10/5/2010 passed by 3rd Additional Civil Judge (Senior Division), Dehradun in Misc. Case No. 36 of 2009 "State of U.P. through Executive Engineer Vs. Harish Chandra and Co., whereby the objections filed by the State of Uttar Pradesh-appellant under Sec. 30/33 of the Act were dismissed. On filing of the appeal under Sec. 39 of the Arbitration Act, 1940, the cross objection/cross appeal was filed by the respondents.

(3.) The cross objections filed by M/s Harish Chandra and Co. with the prayer that the Court has illegally reduced the rate of enhancement of the interest, instead of 12% to 6% per annum from the date of a ward till actual payment. The appeal filed by the State of U.P. was admitted by the Coordinate Bench of this Court on 22/6/2015. The operative portion of the said order is extracted below: