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2012 Supreme(SC) 224

R.M.LODHA, H.L.GOKHALE
Hyder Consulting (UK) Ltd. – Appellant
Versus
Governor State Of Orissa Tr. Chief Eng. – Respondent


Judgment :

We have heard Mr. C.A. Sundaram, learned senior counsel for the petitioners, and Ms. Kirti Renu Mishra, learned counsel for the respondents.

2. Leave granted.

3. Hearing of the Appeals is expedited.

4. The High Court has relied upon the decision of this Court in State of Haryana and Others Vs. S.L. Arora and Company, (2010) 3 SCC 690, and quashed the orders dated February 19, 2009 and March 26, 2009 passed by the District Judge, Khurda, Bhubaneswar.

5. Mr. C.A. Sundaram, learned senior counsel for the appellants, submits that the observations in S.L. Arora and Company (supra) that the decisions of this Court in McDermott International INC. Vs. Burn Standard Co. Ltd. and Others, (2006) 11 SCC 181, and Uttar Pradesh Cooperative Federation Limited Vs. Three Circles, (2009) 10 SCC 374, were passed on inadvertent erroneous assumption and these judgments are per incuriam in holding that interest awarded on the principal amount upto the date of award becomes the principal amount and, therefore, award of future interest thereon does not amount to award of interest on interest are not justified.

6. Mr. C.A. Sundaram, learned senior counsel, referred to the decisions of this Cour



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