CCI LTD. Vs. ALSTOM POWER BOILERS LTD.

JUDGEMENT

(1.) THESE are objections under Section 30 read with Section 33 of the Arbitration Act, 1940 to challenge the arbitral award dated 22.12.2007 passed by the Arbitral Tribunal consisting of Mr. Justice P.K. Bahri (Retd.) & Mr. A.K. Ozha. The challenge to the said award is only in respect of the award made under Claim No. 1 (which has five sub -heads), and to the computation of the claim made under claim No. 3 on the ground of typographical error.

(2.) AT the outset, I may note that so far as the award made on fifth sub -head of claim No. 1, namely Claim No. 1(5) is concerned, no objection to the same is pressed by the Petitioner. At the same time, learned Counsel for the Respondent does not dispute the typographical error made in respect of claim No. 3(C)(3), and admits that the figure of Rs. 20,000/ - awarded under the said claim ought to be read as Rs. 20 Lakhs. To the aforesaid extent, the award stand modified.

(3.) UNDER Clause 12.2 of the LOI, the overall liquidated damages in respect of delay in supply, erection and commissioning and shortfall in guaranteed output/performance could, at the most, be 12.5% of the total final contract price, which comes to Rs. 496.34/ - Lakhs.