Patil, J. - (1.) This appeal by the defendant and cross-objection by plaintiff arise out of the judgment and decree in O.S. No. 5 of 1972, dated June 30, 1975, passed by the Civil Judge, North Kanara, at Karwar.
(2.) The State of Karnataka is the defendant. The West Coast Paper Mills Ltd., Dandeli (the "Company"), a Company registered under the Indian Companies Act is the plaintiff.
(3.) While the defendant has filed the appeal being aggrieved by the judgment and decree directing to refund Rs. 2,34,531/- being excess amount recovered from plaintiff with interest thereon at 6% per annum from the date of decree till the date of realisation, plaintiff has filed cross-objection against that part of the decree refusing to award interest from the date of suit to the date of decree and also claiming future rate of interest at a higher rate than that awarded by the trial Court.;