UNION OF INDIA Vs. GIRDHARI LAL

JUDGEMENT

(1.) The present appeal has been preferred against the order dtd. 3/2/2023 passed by the Commercial Court No.2, Jodhpur (hereinafter referred to as 'the learned Court below') in Civil Misc. Case No.21/2022 (NCV No.31/2020) whereby the objections under Sec. 34 of the Arbitration and Conciliation Act, 1996 (for short 'the Act of 1996') preferred by the appellants against the award dtd. 23/5/2002 passed by learned Arbitrator have been rejected. Vide the award, the learned Arbitrator had proceeded on to pass an award for an amount of Rs.3,12,010.00 in favour of the claimant-firm with past and pendente lite interest from 1/8/1995 to 23/5/2002 on claim Nos.2, 6, 7 and 8. The rate of interest as awarded was @ 15% per annum from 1/8/1995 till 31/3/1998 and @ 12% per annum from 1/4/1998 till the date of award. Future interest has been granted w.e.f. 16/8/2002 @ 12% per annum. Counter-claim qua cost of arbitration as preferred by the non-applicants was rejected.

(2.) The facts of the case are as under:

(3.) Before the learned Arbitrator, ten claims in all were raised by the applicant-firm. A counter-claim for an amount of Rs.30,000.00 was raised by the appellants qua the cost of reference. Learned Arbitrator proceeded on to decide claim no.2(a), 4, 6(a), 7, 8 and 9 in favour of the applicant-firm and consequently, passed the award in favour of applicant-firm. The counter-claim as preferred by the Union of India was rejected.