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2020 Supreme(SC) 756

ROHINTON FALI NARIMAN, NAVIN SINHA, INDIRA BANERJEE
B. B. M ENTERPRISES – Appellant
Versus
STATE OF WEST BENGAL – Respondent


JUDGMENT :

R.F. Nariman, J.

1. Leave granted.

2. We have heard learned counsel for the parties at great length.

3. Mr. Sidharth Luthra, learned Senior Advocate, appearing on behalf of the respondent, painstakingly took us through the records, including the Award, in order to point out various deficiencies which, according to him, fell within the parameters of a Section 34 petition as a result of which we should not therefore disturb the judgment of the High Court, which has merely remanded the matter and directed that the matter be disposed of in six months.

4. This matter has a chequered history. The Award that was made by the learned Arbitrator was on 16.09.2009. Five claims were made before him amounting in all to Rs. 2,08,59,989. However, ultimately the Award that was made in favour of the appellant herein was to the extent of Rs. 1,38,44,430 plus 15% on a sum of Rs. 1,17,77,080 as pendente lite interest plus Rs. 2,67,350 by way of costs without interest. If the said amount, dehors costs, was not paid in four months, the interest figure would become higher and would attract 18%.

5. When the Award was put into execution, the Executing Court pointed out that by the date of its order da

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