S. Ravindra Bhat, J. - (1.) (OPEN COURT) - M/s. Pawan Hans Helicopters Ltd. (hereafter "PHHL") is aggrieved by the judgment of the learned Single Judge refusing to interfere with the Arbitration Award dated 06.09.2016 rendered by the Tribunal comprising of the Sole Arbitrator.
(2.) The contract between the PHHL and the respondent - M/s. IDEB Projects Private Limited (hereafter "IDEB") dated 01.09.2004 was for construction of the former's office complex at Noida. The contract resulted in two arbitration proceedings; the first was by IDEB's invocation of the arbitration clause on 07.10.2008. During the pendency of these proceedings, IDEB sent another notice on 17.12.2012, making claims in respect of the period after 31.01.2009. The arbitration award - in the second proceedings, which are subject matter of the present appeal awarded Rs. 12,37,483.98/-, being the admitted amount by PHHL and also Rs. 57,20,903/-, being the bank guarantee proceedings invoked and encashed by PHHL. The other claims were rejected. The total amount so awarded was Rs. 73,70,456/-. The Tribunal awarded interest @ 10% per annum with effect from 01.04.2012 till date of award and further interest too at the same rate.
(3.) PHHL had sought to refer counter claims which were rejected as time-barred. In its objections, the PHHL contended that the findings in the award with respect to the counter claim being time -barred, as also the grant of interest for the amount encashed towards bank guarantee, were without authority of law and contrary to contract. These contentions were overruled and the learned Single Judge, relying upon the general principles enunciated in Panchu Gopal Bose v. Board of Trustees for Port of Calcutta 1993 (4) SCC 338 and the subsequent ruling of the Supreme Court in State of Goa v. Praveen Enterprises 2012 (12) SCC 581 as well as Voltas Ltd. v. Rolta India Limited 2014 (4) SCC 516 , ruled that there was no determination with respect to the finding that PHHL's counter claims were barred.;