SAUMITRA DAYAL SINGH,J. - (1.) Heard Sri Rakesh Mohan, learned counsel for the appellants and Sri Aseem Mehrotra, learned counsel for the respondent.
(2.) Present appeal has been filed by two appellants describing themselves as (i) Union of India, through its Chief Engineer, Ministry of Road Transport and Highways, N.H. Bhawan, Biotech Chowk, Ring Road, Vikas Nagar, Lucknow and (ii) The Chief Engineer, National Highway U.P. Public Works Department, 96, Mahatma Gandhi Marg, Lucknow, Uttar Pradesh (hereinafter referred to as the 'second appellant'). The subject matter of this appeal is the order dated 10.12.2018 passed by the Commercial Court, Kanpur Nagar in Misc. Case No. 02/70/2014. By that order, the learned court below has rejected the objections filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') being paper no. 4 Kha, arising from an award of the Arbitral Tribunal dated 30.09.2013.
(3.) Interestingly, the objections under Section 34 of the Act had been filed, not by any of the two appellants as described above but by the State of U.P. through Chief Engineer (National Highway), U.P. Public Works Department, 96, Mahatma Gandhi Marg, Lucknow, Uttar Pradesh, against the award of the Arbitral Tribunal dated 30.09.2013. The operative part of that award as has been annexed by way of Annexure-14 to the stay application, contained in paragraph nos. 15.01 and 15.02 reads as under: "15.01. Sum total of the Awards against claim nos. 1, 3, 5, 17, 2, 4, 6, 8, 10, 12 and 14 as above, comes to Rs.3,34,30,956/- which is the Awarded Sum in terms of section-31(7) of the Arbitration and Conciliation Act, 1996. At, therefore, directs the Employer to make payment of Awarded Sum of Rs.3,34,30,956/- (Rupees three crores thirty four lakhs thirty thousand nine hundred fifty six only) to the Claimant within a period of ninety days from the date of Award. 15.02. If the Employer fails to make the payment of the Awarded Sum of Rs.3,34,30,956/- (Rupees three crores thirty four lakhs thirty thousand nine hundred fifty six only) to the Claimant within the stipulated time of 90 days from the date of Award, the Claimant would also be entitled to future interest @ 12% p.a. on the Awarded sum of Rs.3,34,30,956/- for the period effective from 1st October 2013 till the date of actual payment." ;