C.HARI SHANKAR
National Highways Authority Of India – Appellant
Versus
IRB Goa Tollway Private Ltd. – Respondent
JUDGMENT :
1. This petition, at the instance of the National Highways Authority of India (NHAI), has been preferred under Section 34 of the Arbitration and Conciliation Act, 1996 (“the 1996 Act”), assailing an Award, dated 26th February, 2016, passed by an Arbitral Tribunal by a majority of two learned Arbitrators to one.
2. The respondent was the claimant before the learned Arbitral Tribunal and the petitioner-NHAI was the respondent.
3. The respondent raised two claims. The learned Arbitral Tribunal awarded, to the respondent,
(ii) against Claim No. 2, Rs. 4,71,00,000/- along with interest of Rs. 2,73,18,000/-.
4. As a result, a total amount of Rs. 303,98,01,213/- stands awarded against NHAI and in favour of the respondent along with further interest @ 12 % on the said amount from the date of Award till the date of payment, in the event of failure, on the part of NHAI, to pay the amount to the respondent within 30 days of the award.
5. It merits mention, at the outset, that the present petition does not assail, directly or indirectly, the award of interest by the learned Arbitral Tribunal. Nor w
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