N. V. RAMANA, SURYA KANT, HIMA KOHLI
State Of Chhattisgarh – Appellant
Versus
Sal Udyog Private Limited – Respondent
JUDGMENT :
HIMA KOHLI, J.
1. The appellant-State of Chhattisgarh is aggrieved by a common judgment dated 21st October, 2009 passed by the Chhattisgarh High Court disposing of two appeals; one preferred by the appellant1[Appeal No. 22 of 2006] and the other preferred by the respondent-M/s. Sal Udyog Private Limited2[M.A. No. 727 of 2006], whereby the order dated 14th March, 2006 passed by the learned District Judge, Raipur in a petition filed by the appellant under Section 34 of the Arbitration and Conciliation Act, 19963[For short “the 1996 Act”] has been partially modified and the interest awarded in favour of the respondent from the date of the notice i.e. 6th December, 2009 till realisation, has been reduced from 18 per cent per annum to 9 per cent per annum. At the same time, the appeal preferred by the respondent-Company came to be dismissed.
2. In brief, the relevant facts of the case are that on 30th August, 1979, the State of Madhya Pradesh had entered into an agreement with the respondent-Company for supply of 10,000 tonnes of Sal seeds per annum for a period of 12 years. In the year 1987, faced with loss of revenue, Government of Madhya Pradesh decided to annul all agreement
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