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2023 Supreme(Bom) 1943

G. S. KULKARNI
Shri Vignahar Sahakari Sakhar Karkhana Ltd. – Appellant
Versus
Bhima Sahakari Sakhar Karkhana Ltd. – Respondent


Advocates appeared:
Vijay Patil, Advocate, Nitin Dhumal, Advocate, Sandeep Salunkhe, Advocate

JUDGMENT/ORDER

1. This petition under Articles 226 and 227 of the Constitution, challenges the judgment and order dtd. 17/2/2014 passed by the Maharashtra State Co-operative Appellate Court, Mumbai, Bench at Pune, whereby an appeal filed by the respondent (Appeal No. 148 of 2007) has Page 1 of 27 ------------------------- 2/2/2023 29-wp 12840-16@caw 23-22.odt been allowed in the following terms:-

<WXY>" ORDER

1. The appeal bearing No. 148/2008 is hereby allowed.

2. The observations and order of Ld. Trial Judge to issue No.2 and 5 in dispute bearing No. 318/1992 are hereby set aside.

3. The Judgment passed by the Ld. Trial Judge is modified as under:

I) The respondent/opponent is hereby ordered to pay the appellant an amount of Rs.51,38,967.17 with interest @ 12% p.a. (a) on an amount of Rs.24,22,660.40 (sugarcane price) from 30/07/1991 till realization. (b) On an amount of Rs.23,90,749.52 (Transportation charges) from 11/10/1990 till realization. (c) On an amount of Rs.3,25,557.25 (Cutting charges as per recommendation of Rupawate Committee) from 30/07/1991 till realization.

II) The respondent/opponent are also directed to pay the cost of dispute to the appellant/disputant as under: A

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