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2015 Supreme(SC) 1309

DIPAK MISRA, PRAFULLA C.PANT
Hyder Consulting (UK) Ltd. – Appellant
Versus
Governor, State of Orissa thr. Chief Engineer – Respondent


Advocates Appeared:
For the Appellant :K.K. Venugopal, Sr. Advocate, K.V. Vishwanathan, Sr. Advocate Manu Nair, Saanjh N. Purohit, Ankur Talwar, Malak Bhatta for Suresh A. Shroff & Co. Gopal Jain, Sr. Advocate, Siddharth Nayak, Raghav Awasthi, for Karanjawala & Co. Devender Kr. Saini, AAG Kamal Mohan Gupta, AOR Anurag Pandey, AOR Nidhesh Gupta, Sr. Advocate, Avijit Mani Tripathi and Tarun Gupta, AOR.
For the Respondent:Kirti Renu Mishra, AOR Apurva Upmanyu, Shree Pal Singh, AOR Ashok Mathur, AOR Nikhil Nayyar, AAG and Jagjit Singh Chhabra, Advocate.

ORDER :

Heard Mr. K.K. Venugopal and Mr. K.V. Vishwanathan, learned senior counsel, along with Mr. Manu Nair, learned counsel for the appellants and Ms. Kirti R. Mishra, learned counsel for the respondent.

2. The present appeals have been preferred assailing the judgment and order dated 28th July, 2010, passed by the High Court of Orissa at Cuttack in W.P.(C) No.5302 of 2009, W.P.(C) No.13228 of 2009 and W.P.(C) No.15075 of 2009. The High Court in the concluding paragraph has directed thus:

"In view of the above, the impugned order dated 19.2.2009 and the order of attachment dated 26.3.2008 are quashed. The executing Court is directed to calculate the amount payable under the award as indicated above, keeping in view the principles laid down by the apex Court in S.L. Arora (supra) and determine as to whether any further amount is payable to the opposite party. In case any amount is found to have been paid in excess to the opposite party, the State-petitioner is entitled to refund of the same."

3. It is apt to state here that the High Court has placed reliance on the decision rendered in State of Haryana and Others v. S.L. Arora and Company (2010) 3 SCC 690. It is submitted by Mr. K.K.



































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