- (1.) These Interlocutory Applications arise out of Civil Appeal No.6158 of 2013 which was disposed of by this Court on 24.4.2015. While allowing said appeal preferred by National Highways Authority of India, the appellant herein, it was directed by this Court as under:- " In our view, the Arbitral Tribunal went beyond the scope of the contract and it clearly exceeded its jurisdiction. We, therefore, set aside the award insofar as it allows Claim No. 8. Consequently, the appeal stands allowed. At the interim stage, this Court had directed the Appellant to deposit a sum of Rs.70,65,039/- which upon deposit was withdrawn by the Respondent on furnishing a bank guarantee. The appellant is entitled to encash that bank guarantee to recover the sum that was deposited. No order as to costs."
(2.) Soon thereafter Interlocutory Application No.3 of 2015 was filed on behalf of the respondent, which was disposed of by this Court by its order dated 8.5.2015, which order was to the following effect:- "Mr. Amit George, leaned counsel appearing for the applicant-respondent shall pay to the petitioner, National Highways Authority of India and, therefore, the bank guarantee in question need not be encashed. He undertakes that the respondent shall make the payment to the applicant within four weeks from today. The said amount shall be paid by way of a bank draft drawn on a nationalized bank. If the amount is not paid within the stipulated period, the bank guarantee shall be encashed forthwith by the petitioner. I.A. No. 3 of 2015 stands disposed of accordingly."
(3.) Accordingly, the respondent made over the amount in question within the time stipulated under the order dated 08.05.2015. Interlocutory Application No.4 of 2015 was thereafter preferred by the appellant contending that the decretal amount was withdrawn by the respondent in December 2012 whereas the appeal was allowed in favour of the appellant on 24.4.2015 and that the respondent had reaped the benefits of decretal amount for more than three years. It was submitted that the Arbitral Tribunal had awarded interest @ 12% per annum against the appellant and that the respondent be directed to pay interest @ 12% per annum on the amount of Rs.70,65,039/- from the date of withdrawal till the date of actual payment.;