TANTIA CONSTRUCTION LIMITED Vs. IRCON INTERNATIONAL LTD

JUDGEMENT

(1.) This petition, under Section 34 of the Arbitration and Conciliation Act, 1996 ( the 1996 Act ), is directed against a supplementary award dated 20 th August, 2020, passed by the learned arbitrator. By the supplementary award, the amounts awarded in favour of the petitioner in the original award dated 23rd January, 2020, against Claims No. 6 and 12, were reduced. The amount of Rs. 1,90,86,595/-, awarded in respect of claim no. 6, was reduced to Rs. 97,85,184/- and the amount of Rs. 58,08,475/ -, awarded in respect of claim no. 12, was reduced to Rs. 54,01,882/ -. Side by side, the learned arbitrator also modified the reasons for awarding the aforesaid amounts. The changes effected by the impugned supplementary award stand captured, in the impugned award itself, in a tabular form, thus:

(2.) The impugned supplementary award came to be passed on an application, dated 8th August, 2020, preferred by the respondentIRCON International Ltd. under Section 33 of the 1996 Act. The application was preferred on 8th August, 2020, whereas the award, of which correction was sought had, as already noted hereinabove, been passed on 23rd January, 2020.

(3.) Section 33 of the 1996 Act reads as under: