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2017 Supreme(Cal) 133

I.P.MUKERJI
Saraf Agencies Pvt. Ltd. – Appellant
Versus
Federal Agencies for State Property Management – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Jishnu Saha, Mr. Ishan Saha, Ms. Riti Basu
For the Respondents: Mr. Ratnanko Banerjee, Mrs. Ritu Valla, Mr. M. Manukrishnan, Ms. Prapa Ganguly

JUDGMENT :

I.P. Mukerji, J.

In this application, under Section 34 of the Arbitration and Conciliation Act, 1996, an interim arbitral award made on 14th October, 2016 is challenged. It was made and published by a panel of three very distinguished Judges of our country, Justice S.C. Agrawal, Justice D.P. Wadhwa and Justice S.B. Sinha.

2. The claimants/petitioners were directed to pay a sum of Rs. 135,16,92,947.73 to the account of TPPL within one month from the date of the award, failing which they would have to pay interest @ 24% p.a. from the date of the interim award till the date of payment.

3. The Arbitration and Conciliation (Amendment) Act, 2015 was enacted by Parliament and came into force on 23rd October, 2015. Thus, the arbitration was commenced, held, concluded and the award passed before coming into force of the Amendment Act.

4. By Section 19 of the said Amendment Act 2015 Section 36 was replaced by a new Section 36 which as follows:-

"36. Enforcement.-(1) Where the time for making an application to set aside the arbitration award under Section 34 has expired, then, subject to the provisions of sub-section (2), such award shall be enforced in accordance with the provisions of











































































































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