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2022 Supreme(Del) 873

RAJIV SHAKDHER, JASMEET SINGH
National Seeds Corporation Limited – Appellant
Versus
National Agro Seeds Corporation (india) – Respondent


Advocates appeared:
Mr. Anil Airi, Sr. Advocate, with, Mr. Yashvardhan, Ms. Smita Kant, Ms. Kritika Nagpal, Ms. Bhavya Bhatia, Mr. Akshay Joshi, Mr. Savyasachi Rawat, Advocates, for the Appellant.

JUDGMENT

Jasmeet Singh, J. - The present appeal has been filed under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 read with Section 13 of the Commercial Courts Act, 2015 challenging the impugned judgment dated 05.01.2022 passed by the learned Single Judge of this Court in O.M.P. (COMM) 432 of 2019 titled 'National Seeds Corporation Ltd. vs. National Agro Seeds Corporation (India) '.

2. Briefly stating the facts giving rise to filing of the present appeal are as under:

2.1 The State of Uttar Pradesh had floated various subsidy schemes such as scheme for popularization of cultivation of hybrid paddy in the State of Uttar Pradesh. Under the schemes, farmers were eligible for distribution subsidy at the rate of about 50 % of the seed costs and the Appellant would receive the subsidy amount directly from the State Government. Under these subsidy schemes, the seeds were to be supplied to the farmer, where 50% of the cost of seeds was to come from the farmer which was to be received by the appellant through the dealers (respondent herein) and the remaining 50% costs of the seed was the subsidy component which was to be paid for by the State Government. The Appellant had acc

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