JUDGMENT :

I. P. Mukerji, J.

1.The subject matter of this appeal is an arbitral award made and published by a tribunal of three learned arbitrators, the presiding arbitrator being a former judge of the Supreme Court and the other two former judges of this court, on 21st December, 2019.

2. In paragraph 44 of the award the learned tribunal recorded a summary of it in the following manner:-

“In view of our findings on various issues, the claims and counter claims of the parties that are allowed are set out hereinafter along with interest which according to us is payable on the amounts quantified.

(i) In respect of Issue Nos. 2 and 12 to 14, the Respondent is directed to pay a sum of Rs. 137, 10,67,733/- and Euro 13,791,641 with simple interest @ 10% (ten percent) per annum from 21.08.2017, being the date on which the Claimant was entitled to the said amount on expiry of 18 months from actual date of COF of Unit 2, till the date of award.

(ii) In respect of Issue No. 15, the Respondent is directed to pay a sum of Rs.1,84,51,773.80 with simple interest @ 10% (ten percent) per annum from 20.02.2017 till the date of award.

(iii) In respect of Issue No. 16, the Respondent is directed to pay a sum of Rs.4,28,30,000/- with simple interest @ 10% (ten percent) per annum from 15.11.2016 till the date of award.

(iv) In respect of Issue No. 17, the Respondent is directed to pay a sum of Rs.3,83,32,062.63 with simple interest @ 10% (ten percent) per annum from 20.02.2017 till the date of award.

(v) In respect of Issue No. 18, the Respondent is directed to pay a sum of Rs. 12,00,000/- with simple interest @ 10% (ten percent) per annum from 09.02.2016 till the date of award.

(vi) In respect of Issue No. 19, the Respondent is directed to pay a sum of Rs.6,10,000/- with simple interest @ 10% (ten percent) per annum from 28.11.2015 till the date of award.

(vii) In respect of Issue No. 20, the Respondent is directed to pay a sum of Rs.28,12,832/- with simple interest @ 10% (ten percent) per annum from 28.11.2015 till the date of award.

(viii) In respect of Issue No. 21, the Respondent is directed to pay a sum of Rs.33,20,000/- with simple interest @ 10% (ten percent) per annum from 28.11.2015 till the date of award.

(ix) In respect of Issue No. 23, the Respondent is directed to pay a sum of Rs. 12,04,88,400/- with simple interest @10% (ten percent) per annum from 26.08.2010 till the date of award.

(x) In respect of Issue No. 24, the Respondent is directed to pay a sum of Rs. 183,40,27,812/- and Euro 4,767,801.75 with simple interest @ 10% (ten percent) per annum from 23.08.2017 till the date of award.

(xi) In respect of Issue No. 25, the Respondent is directed to pay a sum of Rs.29,03,09,091.86 with simple interest @ 10% (ten percent) per annum from 23.08.2017 till the date of award.

We have awarded interest from the date of filing of SOC, since the principal amount is computed relying on various bills and invoices and for the sake of clarity and fairness, we deem it appropriate to award interest from the date of filing of SOC.

(xii) In respect of Issue No. 27, the Respondent is directed to pay a sum of Rs. 126,10,84,834 and Euro 9,750,000 with simple interest @ 10% (ten percent) per annum from 23.08.2017 till the date of award.

(xiii) In respect of Issue No. 28, the Respondent is directed to pay a sum of Rs.2,49,89,529/-. No interest will be payable on the above sum.

(xiv) In respect of issue no. 42, the Respondent is permitted to deduct the sum of Rs. 6,00,00,000/- (Rupees six crores) from the amount payable to it by the Claimant. No interest is payable to the respondent on the above sum, as the amount has always been in the hands of the respondent.

(xv) In respect of issue no. 50, the Respondent is directed to release all the BGs (Bank Guarantees) of the Claimant within a month from the date of award. In default, simple interest at the rate of 15% (fifteen percent) per annum will have to be paid by the respondent till realisation of the entire sum.”

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