SREI INFRASTRUCTURE FINANCE LIMITED Vs. CANDOR GURGAON TWO DEVELOPERS AND PROJECTS PVT LTD
LAWS(CAL)-2018-7-96
HIGH COURT OF CALCUTTA
Decided on July 19,2018

Srei Infrastructure Finance Limited Appellant
VERSUS
Candor Gurgaon Two Developers And Projects Pvt Ltd Respondents

JUDGEMENT

Ashis Kumar Chakraborty, J. - (1.) The petitioner has filed three applications, A.P. No. 346 of 2018, A.P. No. 343 of 2018 and A.P. No. 345 of 2018, under section 34 of the Arbitration and Conciliation Act, 1996, as amended by the Act 3 of 2016 (hereinafter referred to as "the Act"), for setting aside of three awards all dated December 11, 2017, read with three separate corrective awards all dated February 06, 2018 and additional awards dated March 05, 2018 passed by the learned sole Arbitrator.
(2.) In the arbitration proceedings, before the learned Arbitrator, the respondent in these applications was the claimant and the petitioner in these applications was the respondent, respectively.
(3.) By the first award dated December 11, 2017, read with corrective award dated February 06, 2018 and additional award dated March 05, 2018 challenged in A.P. No. 346 of 2018, which are hereinafter collectively referred to as "the first award", the learned Arbitrator has directed the present petitioner to pay Rs. 60,09,18,356/- to the present respondent, within a period of 30 days from the date of publication of the award, in default, the petitioner would be liable to pay interest at the rate of 16%, per annum, until such liability is fully discharged. The learned Arbitrator further directed the present petitioner to pay Rs. 50 lac to the present respondent towards costs. By the second award dated December 11, 2017, read with corrective award dated February 06, 2018 and additional award dated March 05, 2018 challenged in A.P. No. 343 of 2018, which are hereinafter collectively referred to as "the second award", the learned Arbitrator has directed the present petitioner to pay Rs. 89,94,06,575/- to the present respondent, within a period of 30 days from the date of publication of the award, in default the petitioner would be liable to pay interest at the rate of 16%, per annum, until such liability is fully discharged. By second impugned award also the learned Arbitrator further directed the present petitioner to pay Rs. 50 lac to the present respondent towards costs. By the third award dated December 11, 2017, read with corrective award dated February 06, 2018 and additional award dated March 05, 2018 challenged in A.P. No. 345 of 2018, which are hereinafter referred to as "the third award", the learned Arbitrator has directed the present petitioner to pay Rs. Rs.74,02,47,944/- to the present respondent, within a period of 30 days from the date of publication of the award, in default, the petitioner would be liable to pay interest at the rate of 16%, per annum, until such liability is fully discharged. Even by the third award the learned Arbitrator further directed the present petitioner to pay Rs. 50 lac to the present respondent towards costs.;


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