THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY
COMCA No.6 of 2020
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present appeal is arising out of order dated 27.09.2019
passed in a petition preferred by the present appellant under
Section 34(2) of the Arbitration and Conciliation Act, 1966.
The facts of the case reveal that the appellant before this
Court is a public limited company and an agreement was executed
between the appellant/company and respondent No.1/construction
company. As there was a dispute between the parties, an Arbitrator was appointed and the Arbitrator has finally delivered an award on 06.05.2017. The award was subjected to judicial scrutiny by the present appellant by filing a petition and the same has been dismissed. The present appeal has been filed under Section 13 of the Commercial Court Act.
At the outset, learned counsel for the appellant/company has argued before this Court that the learned Arbitrator has awarded interest @ 24% per annum and he is aggrieved only in respect of interest component in the award.
When the matter was being argued before this Court, an effort was made by the learned counsel for the appellant/company to resolve the dispute and the learned counsel for respondent No.1/company was also fair enough in agreeing to the proposition of reducing the interest rate. Both the parties have jointly accepted 2 the interest rate @ 12% per annum. Therefore, the present appeal stands disposed of with the consent of both the parties only with the modification of the award that respondent No.1/company shall be entitled to the interest rate @ 12% per annum. This order is being passed keeping in view the peculiar facts and circumstances of the case. Four weeks time is granted to the appellant/company to comply with the award and till then there will be no coercive action against the appellant/company.
Miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ A. RAJASHEKER REDDY, J 17.11.2021 ES