HPCL- MITTAL ENERGY LIMITED Vs. ARTSON ENGINEERING LTD

LAWS(DLH)-2018-3-226

HIGH COURT OF DELHI

Decided on March 14,2018

Hpcl- Mittal Energy Limited Appellant

VERSUS

Artson Engineering Ltd Respondents

JUDGEMENT

Navin Chawla, J. - (1.) Ia 8013/2017 This is an application seeking condonation of delay in the filing of the reply. As the matter has been heard on merit, delay is condoned and the application is allowed. IA 13475/2017 This is an application seeking condonation of delay in filing of the rejoinder. As the matter has been heard on merit, delay is condoned and the application is allowed. O.M.P. (COMM) 95/2017 This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') has been filed by the petitioner challenging the Arbitral Award dated 21.12.2016 by which the Sole Arbitrator, while allowing the claims of the respondent has dismissed the counter claim filed by the petitioner. The summary of the amount awarded by the Sole Arbitrator is as under: "The Tribunal hereby passes an Award in favour of Claimant and against the Respondent and directs the Respondent to pay the following amounts1) Claimant is entitled to a total sum of Rs.3,56,58,819/-Respondent is directed to pay to Claimanti. A sum of Rs.14,71,129/- towards CVD paid on imported materials in Project 2505. ii. A sum of Rs.5,90,160/- towards additional CVD paid on imported materials in Project 2505. iii. A sum of Rs.32,77,250/- towards Central Excise Duty paid on Structural Steels, Paints, Nuts & Bolts, etc. in Project 2505. iv. A sum of Rs.33,32,812/- towards CVD paid on imported materials in Project 2507. v. A sum of Rs.14,33,457/- towards additional CVD paid on imported materials in Project 2507. vi. A sum of Rs. 2,18,51,044/- towards Central Excise Duty paid on Structural Steels, Paints, Nuts & Bolts, etc. in Project 2507. vii. A sum of Rs. 22,38,414/- towards Non cenvatable Excise Duty in Project 2512. viii. A sum of Rs. 14,64,553/- towards Short payment on account of reimbursement of Service Tax in Project 2512. 2) Interest payable should be as per the given classificationi. Interest at the rate of 10% p.a. is calculated from the date of cause of action up to date of reference. ii. Interest at the rate of 10% p.a. is calculated from the next day of date of reference till the date of Final Award. iii. Interest at the rate of 10% p.a. to be calculated from the date of cause of Award till actual realization. 3) All other claims of the Claimant and counter claims of the Respondent are hereby rejected. 4) Claimant is entitled to receive total costs and expenses of the Arbitration from the Respondent. Calculation to be done by the parties in this regardi. Tribunal directs Respondent to pay Claimant, its share of Arbitrator's fee and expenses including Tribunal's Administrative Expenses. ii. Tribunal directs Respondent to pay Claimant, the fee and expenses of Claimant's Counsel, if certified."
(2.) Xxx XXX XXX
(3.) The dispute between the parties is in relation to the following three agreements: JUDGEMENT_226_LAWS(DLH)3_2018_1.html;

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