JUDGMENT

M. S. Sonak, J. - Heard Mr. D. Pangam, learned Advocate General with Mr. Deep Shirodkar, learned Additional Government Advocate for the Appellant, and Mr. J. J. Bhat learned Senior Advocate with Ms. A. Chandurkar and Mr. Bhargav Khandeparkar, learned Advocates for the Respondents.

2. This appeal is instituted under Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Divisions of High Courts Act , 2015 (Commercial Courts Act) challenging the judgment and order dated 12th September 2019 ( impugned judgment and order ) made by the Principal District Judge, North Goa, Panaji Goa (Commercial Court) dismissing the Appellant's application under Section 34 of the Arbitration and Conciliation Act, 1996 ( Arbitration Act) questing the arbitral Award dated 16th February 2018 ( impugned Award ) made by the learned sole Arbitrator concerning the disputes arising out of Power Purchase Agreement dated 10th January 1997 (PPA) and Supplementary Power Purchase Agreements dated 10th September 1997, 20th September 2000 and 5th November 2001.

3. The Respondent, by filing its statement of claim on 14th January 2016 before the learned Arbitrator, had raised a claim in an amount of Rs. 280.50 crores, as against the Appellant. The Appellant, in its statement of defence along with counterclaim filed before the learned Arbitrator on 29th February 2016 denied the claim of the Respondent and raised a counterclaim, without specifying any precise amount. However, the statement of defence and counterclaim was amended by the Appellant quantifying counterclaim at Rs. 1241 crores.

4. By the impugned Award, learned Arbitrator has directed the Appellant to pay to the Respondent an amount of Rs. 278.29 crores (principal amount) together with interest for the period up to 31st October 2017. The Appellant was also directed to pay further interest from 31st October 2017 at the rate of 15% per annum from the date of Award till the date of full payment of the amount including interest as on the date of the Award until effective payment/realization. The impugned Award clarified that in case the Appellant pays to the Respondent the entire amount together with interest awarded within two months from the date of the Award then, it shall not be liable for payment of interest after the date of the Award.

5. The Appellant, instituted Arbitration Petition No.9/2018 before the learned Commercial Court questioning the impugned Award under Section 34 of the Arbitration Act. By the impugned judgment and order dated 12th September 2019, the learned Commercial Court was pleased to dismiss the said Arbitration Petition. Hence, the present appeal by the Appellant under Section 13 of the Commercial Courts Act read with Section 37 of the Arbitration Act.

6. Mr. D. Pangam, learned Advocate General firstly submitted that the impugned judgment and order is ex facie vitiated by failure on the part of the learned Commercial Court to consider and deal with the contentions raised by the Appellant in support of their petition. He submitted that the learned Commercial Court has, in most instances only paraphrased the contentions of the parties and thereafter in a line or two, without independent application of mind or reasoning, proceeded to reject the contentions of the Appellant. He submits that it is quite difficult to discern where the record of contentions of the parties concludes and reasoning, howsoever brief, of the learned Commercial Court, commences and concludes. He submitted that there has been virtually no consideration of various contentions raised by the Appellant or for that matter even the Re