Nmdc Limited A Government Of India ... vs M/S. Knr Constructions Limited ...
2021 Latest Caselaw 3528 Tel

     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

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