- (1.) In these three applications, under Section 34 of the Arbitration and Conciliation Act , 1996 (hereinafter referred to as "the Act of 1996") the same petitioner has challenged three awards, all dated December 11, 2017 made by the sole Arbitrator in three separate arbitral proceedings between same parties as mentioned hereinafter.
(2.) With consent of the parties all the three applications are decided by this common judgment, inasmuch all the three awards made by the same Arbitrator in arbitral proceeding between the same parties are identical in terms except that the dates of the arbitration agreements and the amounts involved therein are different. In all the three arbitral proceedings, the respondent and the petitioner herein were the claimant and the respondent, respectively. By the award dated December 11, 2017 which has been challenged by the petitioner in the first application, namely A.P. No. 346 of 2017, the Arbitrator has directed the present petitioner to pay Rs. 60,09,18,356/- and costs of Rs. 50, 00,000/- , within 30 days to the present respondent, the claimant in the arbitration. By the second award dated December 11, 2017 which has been challenged by the present petitioner in the second application, A.P. No. 343 of 2018, the Arbitrator has directed the present petitioner to pay Rs. 89,94,06,575/- and costs of Rs. 50,00,000/-, within 30 days, to the present respondent, the claimant in the arbitration. By the third award dated December 11, 2017, which has been challenged by the petitioner in the third application, namely, A.P. No. 345 of 2018, the Arbitrator has directed the present petitioner to pay Rs.74,02,47,944 and costs of Rs.50,00,000/-, within 30 days to the present respondent, the claimant in the arbitration. The aforementioned awarded amounts of Rs.60,09,18,356 Rs.89,94,06,575 and Rs.74,02,47,944 included pre- reference interest. The arbitral awards further directed that if the respondent, the petitioner herein failed to pay the principal amounts together with pre-reference interest and cots within 30 days from the award December 11, 2017 it would be liable to pay interest pendente lite at the rate of 16% per annum. Some typographical errors appearing in the all three awards were corrected by the Arbitrator on February 6,2018.
(3.) Until January 18,2016 the name of the claimant in the arbitration proceedings, the respondent herein was Unitech Developers & Projects Ltd. It was the case of the claimant in all the arbitration proceedings that it had entered into three Inter Corporate Deposit Agreements (hereinafter referred to as "the ICD Agreements") with the respondent, the petitioner herein. The first two ICD Agreements were dated January 16, 2012 and the third agreement was dated January 27, 2012. Under the first ICD Agreement dated January 16, 2012 the paid Rs.40 crores to the respondent. Under the second and third ICD Agreements dated January 16, 2012 and January 27, 2012 the claimant paid Rs.50 crores and Rs.60 crores, respectively to the respondent. Each of the said three ICD Agreements contained separate arbitration agreement for adjudication of any dispute relating to the respective agreement through arbitration. The claimant alleged that the respondent committed breach of each of the three ICD Agreements and failed to refund the said amounts of Rs.40 crores, Rs.50 crores, Rs.60 crores, respectively together with agreed rate of interest. Therefore, the claimant invoked the respective arbitration agreement contained in all the said ICD Agreements. However, the parties failed to agree to the appointment of the Arbitrator as per the procedure stipulated in each of the said three arbitration agreement. Accordingly, the claimant filed three separate applications, being A.P. No. 126 of 2016, A.P. No. 127 of 2016 and A.P. No. 129 of 2016, under Section 11 of the Act of 1996, before this Court for appointment of the Arbitrator(s) for adjudication of the disputes between the parties relating to each of the said ICD Agreement. By three separate orders dated June 29, 2016 a learned Single Judge of this Court appointed a learned Senior Advocate practising in this Court, as the Arbitrator to adjudicate the disputes between the parties relating to each the said three ICD Agreements.;