I.A. Nos. 4381 & 4382/2017

1. Exemptions are allowed, subject to all just exceptions.

2. The applications are disposed of.

I.A. No. 4383/2017

3. For the reasons stated in the application, the delay of 12 days in re-filing is condoned.

4. The application stands disposed of.

O.M.P. (COMM) No. 186/2017

5. Monnet Ispat and Energy Limited (hereafter ‘Monnet’) has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter ‘the Act’) for setting aside the arbitral award dated 23.11.2016 (hereafter ‘the impugned award’) delivered (by majority) by the arbitral tribunal constituted by Justice R.C. Chopra (Retired), Col. G.S. Sandhu (Retired) and Justice Anil Dev Singh (presiding arbitrator). The dissenting note was entered by Col. G.S. Sandhu (Retired).

6. By the impugned award, Monnet was directed to refund the retention money amounting to Rs. 98,03,644/- advanced by the respondent, M/s Aneja Construction (India) Ltd. (hereafter ‘ACL’).

7. Brief facts necessary to address the controversy are as under:-

7.1 Monnet had invited proposals ‘for construction of Civil Works at its Sponge Iron, Power Plant and Steel Plant located at Raigarh in Chhattisgarh’ (h