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2019 Supreme(SC) 841

ARUN MISHRA, S.ABDUL NAZEER, M.R.SHAH
Shahi And Associates – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For the Appellant(s) :Komal Mundhra, Saurabh Agrawal, Abhijit Sengupta, Advocates
For the Respondent(s):Rajeev Kumar Dubey, Ashiwan Mishra, Kamlendra Mishra, Advocates

JUDGMENT :

S.ABDUL NAZEER, J.

1. M/s. Shahi and Associates has filed this appeal impugning the common final judgment and order dated 05.12.2007 passed by the High Court of Judicature at Allahabad in F.A.F.O Nos. 3728 of 2007 and 947 of 2007, whereby the High Court has upheld the award of the Arbitrator. However, relying on para 7A of Section 24 of the Uttar Pradesh Civil Laws (Reforms and Amendment) Act, 1976 (for short 'U.P. Amendment Act'), it has reduced the statutory interest to 6% p.a. from 18% p.a. as awarded by the Arbitrator. The appellant has questioned the reduction of the interest in this appeal.

2. The appellant is a registered partnership firm engaged in civil construction projects for the government of Uttar Pradesh. The appellant entered into an agreement dated 08.07.1993 with the Superintendent Engineer, Drainage Division, District Gonda, U.P. for work related to the Gola Pump House. Owing to certain disputes that arose between the parties with respect to the rate of payment for additional work under the agreement, the appellant served a notice invoking arbitration on the respondents and filed the claim petition on 11.09.1999. Shri B.M. Arora was appointed as the sole
















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