PARADEEP PORT TRUST Vs. UDAYANATH ROUT

JUDGEMENT

(1.) In this arbitration appeal the order passed by the District Judge involving a proceeding under Section 34 of the arbitration and Conciliation Act, 1996 is assailed. Though there are several grounds assailed the impugned order but during argument on admission and hearing of the appeal, Sri Gautam Mishra, learned counsel appearing for the appellant restricted his submission to the extent of grant of pre and pendent lite interest involving the award under Section 34 proceeding.

(2.) Sri Mishra, learned counsel to substantiate his submission referred to the decisions of the apex Court in the Case of Sree Kamatchi Amman Constructions v. Divisional Railway Manager (Works) , Palghat and others, 2010 8 SCC 767 and in the case of Jiprakash Associates Ltd. (Jal) Through its Director v. Tehri Hydro Development Corporation India Ltd. (THDC) Through its Director,2019 SCCOnline(SC)143 involving Civil Appeal No(s). 1539 of 2019 decided on 7.2.2019. Sri Mishra, learned counsel thus claiming the support through above decisions claimed interference in the impugned order.

(3.) Sri V.Narasingh, Learned counsel appearing for the for the respondent however has no dispute to the settled position of law through the judgments involved herein.