C. C. CONSTRUCTION (M/S) Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. R Hussain, learned counsel for the petitioner and Mr. C.K.S Baruah, learned counsel for the respondent.

(2.) This is an application under Article 227 of the Constitution for setting aside and quashing the impugned order dtd. 16/12/2021 passed in Misc (Arb) Case No.49/2021 whereby the Court of the Additional District Judge FTC No.3, Kamrup (M) Guwahati have stayed the operation of the award dtd. 28/1/2020 till disposal of Misc (Arb) Case No.49/2021.

(3.) From a perusal of the award dtd. 28/1/2020, it appears that the learned Arbitrator had awarded an amount of Rs.11,76,322.29 in respect to Claim No.1; Rs.50,000.00 in respect to Claim No.2; Rs.16,39,511.00 in respect to Claim No.3; Rs.34,72,174.89 in respect to Claim No.5 i.e., in total Rs.63,38,008.18 p. Apart from that, the learned Arbitrator have awarded interest @ 7% p.a in respect to the sum awarded against claim No.1, 2, 3 and 5 from the date of the final claim dtd. 5/4/2014 till the date of the award and further cost of Rs.1,00,000.00 as litigation cost. Further to that, in terms with Sec. 31(7)(b) of the Arbitration and Conciliation Act, 1996 (for short the Act of 1996), the learned arbitrator had awarded interest @ 2% higher than the current rate of interest prevailing on the date of the award in respect to the claim No.1, 2, 3 and 5 from the date of the award till the date of the payment. Additionally, the learned Arbitrator further awarded that an amount of Rs.5,45,042.00 which was paid by the Petitioner as claimant to the Arbitrator and Secretary respectively be paid back to the Petitioner along with interest @7% from the date of the award till the payment and the same to be treated as the part of the award.