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2021 Supreme(Del) 106

MANMOHAN, ASHA MENON
Guru Gobind Singh Indraprastha University – Appellant
Versus
Engineering India Ltd – Respondent


Advocates Appeared:
For the Appellant :Mr. Mukul Talwar, Senior Advocate with Ms. Anita Sahani, Advocate.
For the Respondent:Mr. Uday Gupta, Advocate.

JUDGMENT :

Manmohan, J.

1. Present appeal has been filed challenging the order dated 13th March 2020 passed by the learned Single Judge.

2. Learned senior counsel for the Appellant submits that the learned Single Judge instead of granting a similar rate of interest @ 12% per annum to the Appellant, has asked it to re-agitate the matter as per law despite appreciating that both the Appellant and the Respondent were to be treated on the same footing. He points out that Section 34 of the Arbitration and Conciliation Act, 1996 allows this Court to correct the Award atleast to the extent of directing that same rate of interest shall be granted to both the Respondent and the Appellant.

3. He submits that in the alternate, even if the learned Single Judge felt compelled to direct the Appellant/Counter Claimant to re-agitate its claim for interest, then in that case, the same direction ought to have been issued to the Respondent as well, and the amount of interest of Rs.74.12 lakhs ought to have been disallowed, and both the parties should have been permitted to re-agitate the matter before a freshly appointed arbitral tribunal.

4. Learned senior counsel for the appellant also contends that the

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