UNION OF INDIA Vs. S N KANUNGO

JUDGEMENT

(1.) This appeal was filed by the Union of India & Ors. challenging the Judgment and Order dated September 29, 2000, passed by the learned District Judge, Andaman & Nicobar Islands, Port Blair, in Misc, Judicial Case No. 12 of 2000 whereby an application under section 34 of the Arbitration and Conciliation Act, 1996 filed by the Union of India challenging the Award in respect of claim Nos, 1, 3 and 4, was dismissed.

(2.) Mr. P. K. Roy, learned counsel for the appellants, mainly challenged the findings of the learned Arbitrator in Claim No. 1 and the impugned Judgment relating to the same. Over and above the aforesaid, contention has also been made with regard to the Award relating to the interest allowed and the specific contention of the learned counsel for the appellant is that the award relating to interest requires clarification as neither the date from which interest is payable can be ascertained from the said Award nor the rate has been assessed properly. At this stage, Mr. Hirak Mitra, learned counsel for the respondent, states on instruction that the respondent is agreeable if the same is clarified, even to the extent that the interest is payable from the date of reference. To this proposition, learned counsel for the appellant also agreed as date of reference is subsequent to the date from which interest is payable according to the contention of the appellant. With regard to the rate of interest, I do not find any ground for interference either with the Award or with the impugned Judgment relating to the same and therefore the impugned Award dated March 22, 1999 relating to the claim for interest as relates to claim No. 4 is required to be clarified to this extent that interest is payable at the rate of 12% per annum from the date of reference of the dispute for arbitration, that is, April, 20, 1998 to the date the amount is actually paid to the claimant.

(3.) With regard to Claim No. 1, learned counsel for the appellants contended that the same was framed as follows :-