THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Arb. A. No. 15/2007, Arb.A.No.16/2007 & Arb.A No. 17/2007 Date of decision 24.10.2008 Arb. Appeal No.15/2007 and OMP No. 553/2008 M/s D.P. Communication System …Appellant. Versus State of HP …Respondent. For the Appellant: Mr. Ajay Mohan Goel, Advocate with Appellant company For the Respondent: Mr. Ashwani Sharma, Advocate with Sh. Arvind Mehta, Principal Secretary (Finance) Govt of HP. Arb. Appeal No. 16/2007 State of HP …Appellant Vs M/s D.P. Communication System …Respondent For the Appellant: Mr. Ashwani Sharma, Advocate with Sh. Arvind Mehta, Principal Secretary (Finance) Govt of HP For the Respondent: Mr. Ajay Mohen Goel, Adv with Appellant company. Arb. Appeal No. 17/2007 State of HP …Appellant Vs M/s D.P. Communication System …Respondent. For the Appellant: Mr. Ashwani Sharma, Advocate with Sh. Arvind Mehta, Principal Secretary (Finance) Govt of HP For the Respondent: Mr. Ajay Mohen Goel, Adv with Appellant company. Coram: The Hon’ble Mr. Justice R.B. Misra. The Hon’ble Mr. Justice Surjit Singh Whether approved for reporting?1 . Per Surjit Singh, J (Oral) There has been a compromise between the parties. We are happy to note that both the parties showed the spirit of 1 Whether reporter of local papers are allowed to see the judgment? conciliation, when we threw some suggestions for settlement of the dispute amicably. We appreciate that both the sides accepting our suggestions, have finally settled the matter by conciliation. The parties have moved a petition singed by both of them and also their counsel. Terms and conditions of the compromise find mention in this petition. Petition is supported by the affidavits of Sh. Bharat Bhushan Manwani, Director of Appellant-Company and Sh. Arvind Mehta (IAS), Principal Secretary (Finance) to the Government of Himachal Pradesh. The petition and affidavits aforesaid, are ordered to be taken on record. We have gone through the contents of the petition. The compromise arrived at between the parties is just and lawful. In terms of the compromise, we pass the following order. Out of the total amount of Rs. 8,84,77,809/- lying in deposit with the Registry of this court pursuant to the order passed on OMP No. 230 of 2001 in OMP(M) No. 78 of 2001, titled State of HP Vs. D.P. Communications, a sum of Rs. 70006250/- (Rs. 50000000/- representing the principal and + Rs.20006250/- on account of interest at the rate of 9% PA from the date of termination of the agreement i.e. 2.1.1997 to the date of deposit of Rs.8,84,77,809/- with the Registry of this court i.e. 20th June, 2001) shall be paid to the appellant together with proportionate interest accrued after the deposit, that is to say interest on the amount of Rs.70006250/- shall be paid to the appellant and the remaining amount of Rs. 1,84,71,559/- together with proportionate interest accrued after deposit of the money with the Registry of this court, shall be refunded to the State of H.P. Before the compliance of this order, deposit made by the Registry with the bank shall be got renewed upto the date of the release of money in favour of parties. All the three appeals stand disposed of in terms of the aforesaid order. Pending OMPs are rendered infructuous due to disposal of the main appeals. ( R.B. Misra ), J. ( Surjit Singh ), J 24th October, 08 (sl)