MANRAJ ENTERPIRSES Vs. UNION OF INDIA

JUDGEMENT

(1.) The Appellant has filed the present appeal under Sec. 37(1)(c) of the Arbitration and Conciliation Act, 1996 (hereafter 'the A&C Act') impugning a judgment dtd. 17/2/2021 (hereafter 'the impugned judgment') passed by the learned Commercial Court (hereafter 'the Court') in ARBTN. No.5173/2018. By the impugned judgment, the Court has partly allowed the Respondent's application under Sec. 34 of the A&C Act seeking to set aside the arbitral award dtd. 19/6/2018 (hereafter 'the impugned award').

(2.) Whilst the Court rejected the Respondent's challenge to the amounts awarded against substantive claims, it set aside the impugned award to the extent of pre-award interest on the claims awarded to the Appellant.

(3.) The Court accepted the submissions that the contract between the parties proscribed payment of any pre-award interest, in terms of Clauses 16(2) and 64.5 of the General Conditions of Contract (hereafter 'the GCC'), as applicable to the contract in question.