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2009 Supreme(SC) 1194

MUKUNDAKAM SHARMA
Shakti Tubes Ltd. – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Appellants:G. C. Bharuka, Senior Advocate, Devashish Bharuka, Ms. Jaya Bharuka, Anjani Kumar Singh, Advocates. For the Respondents:Dinesh Dwivedi, Senior Advocate, Mohit Shah, Chandan Kumar (for Gopal Singh), Advocates.

Judgment :

Dr. Mukundakam Sharma, J.

1. This appeal is directed against the judgment and order dated 22.02.2006, passed by the Patna High Court whereby the High Court partly allowed the appeal filed by the State of Bihar and others who are the respondents herein.

2. M/s. Shakti Tubes Ltd.-the appellant as plaintiff filed a suit which was registered as Money Suit No. 153 of 1997 praying for a decree for payment of Rs. 38,13,480/-with pendente lite and future interest compounding at monthly rest at the rate of 24% per annum on the aforesaid decreetal amount till realization with costs of the suit. The trial court decreed the said suit with costs in favour of the appellant-plaintiff and ordered for payment of interest compounding at monthly rest at 24% on the decreetal amount of Rs. 38,13,480/-.

3. Since the aforesaid decree was reversed by the High Court whereby the High Court while mentioning the decree for payment for Rs. 38,13,480/-reversed it to the extent of directing for payment of 9% interest per annum instead of 24% interest per annum, the present appeal is preferred by the appellant-plaintiff.

4. In order to effectively deal with the rival contentions raised by the parties he



















































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