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2024 Supreme(Online)(ALL) 2514

HIGH COURT OF ALLAHABAD
Hon'ble Rohit Ranjan Agarwal,J.
State of U.P. And Another – Appellant
Versus
M/S Jindal Concrete Udhyog – Respondent


Advocates:
Petitioner: C.S.C.
Respondent: Rama Goel Bansal and S.C.

JUDGMENT :

Rohit Ranjan Agarwal, J.

1. The claimant-respondent M/s Jindal Concrete Udhyog had supplied pipe etc. to the provincial division of Public Works Department, Mathura. A reference under Section 18 of Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter called as “Act of 2006”) was moved by the claimant-respondent claiming a sum of Rs.2,78,480/- as principal amount and Rs.3,58,096 as interest till date of filing of claim petition, totalling Rs.6,36,576.63, and further claimed interest at the rate of 18% on the amount from the date of filing of claim petition before U.P. State Micro and Small Enterprises Facilitation Council, Kanpur, which was registered as Claim Petition No.28 of 2008, till date of actual recovery.

2. After contest from the State side, final award was made on03.08.2011 making a final award of Rs.2,78,480/- as principal andRs.7,47,795.86 as interest upto 14.12.2010 totalling Rs.10,26,275.86 in favour of the claimant.

3. The State filed application under Section 34(1)(3) of Arbitration and Conciliation Act, 1996 (hereinafter called as “Act of 1996”) challenging the award before the District Judge, Mathura. An application under Section 9 read w

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