Astra Construction Pvt. Ltd., vs . North Eastern Electric Power
2024 Latest Caselaw 533 Meg

High Court of Meghalaya

Astra Construction Pvt. Ltd., vs . North Eastern Electric Power on 8 August, 2024

Author: H. S. Thangkhiew

Bench: H. S. Thangkhiew

Serial No. 01
Supplementary List

                       HIGH COURT OF MEGHALAYA
                             AT SHILLONG

Arb. A. No. 1 of 2024
                                             Date of Order: 08.08.2024

Astra Construction Pvt. Ltd.,   Vs.   North Eastern Electric Power
                                      Corporation Ltd. (NEEPCO)

Coram:
            Hon'ble Mr. Justice H. S. Thangkhiew, Judge
            Hon'ble Mr. Justice B. Bhattacharjee, Judge


Appearance:
For the Appellant(s)             :    Mr. P. Jain, Av. with
                                      Mr. V. Raj, Adv.
                                      Ms. T. Yangkyi, Adv.

For the Respondent(s)            :    Mr. K. Agarwal, Sr. Adv. with
                                      Mr. S. Senapati, Adv.
                                      Dr. P. Agarwal, Adv.



Per. H.S. Thangkhiew, Judge:

Heard Mr. P. Jain, learned counsel for the appellant. Also heard Mr. K. Agarwal, learned Senior counsel assisted by Mr. S. Senapati, learned counsel for the respondent Corporation.

This appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 read with Section 13(1A) of the Commercial Courts Act, 2015 is directed against the Judgment and Order dated

15.02.2024 passed in Commercial Arbitration Case No. 15 of 2018, whereby the Commercial Court while upholding the award dated 05.06.2015, has set aside the grant of pre-suit and pendente lite interest, against the claims granted in the award dated 05.06.2015.

It has been submitted by Mr. P. Jain, learned counsel for the appellant that the respondent never disputed or raised objection to the grant of interest, and hence is estopped to raise the said ground for the first time in their Section 34 application. On this ground, he submits the appeal has been preferred.

Mr. K. Agarwal, learned Senior counsel assisted by Mr. S. Senapati, learned counsel for the respondent has no objection.

Accordingly, the appeal stands admitted for consideration. Call for the records from the Commercial Court.

List this matter on 19.08.2024.

(B. Bhattacharjee)                                   (H.S. Thangkhiew)
    JUDGE                                                  JUDGE




Meghalaya
08.08.2024
"V. Lyndem PS"