NAVIN CHAWLA, J.

IA 3510/2018

Exemption allowed subject to all just exceptions.

O.M.P. (COMM) 116/2018 & IA 3509/2018

1. This petition has been filed by the petitioner challenging the Arbitral Award dated 27th November, 2017 passed by the Arbitral Tribunal by which the Arbitral Tribunal has allowed the claim of the respondent for EURO 6,70,703.14 with interest @13.7% p.a. with effect from 2nd March, 2017 up to the date of the Award and a further sum of EURO 68,793.59 as also the cost of the arbitration to the extent of Arbitrator’s fee.

2. It is contended by the counsel for the petitioner that in view of Clause 9.2 of the Special Conditions of Contract, the Arbitrator had been expressly prohibited from awarding any interest on the amount found due and payable by the petitioner to the respondent. He submits that in spite of this prohibition being brought to the notice of the Arbitral Tribunal, the Arbitral Tribunal has granted interest in favour of the respondent, thereby violating the mandate of Section 28(3) of the Arbitration and Conciliation Act, 1996(hereinafter referred to as the ‘Act’).

3. I am unable to agree with the said submission of the counsel for the petitioner.

4.