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2021 Supreme(Del) 2019

C. HARI SHANKAR
Tantia Construction Limited – Appellant
Versus
Ircon International Ltd – Respondent


Advocates appeared:
Sanjay Bhaumik, Advocate, Manoj Kumar Das, Advocate, Geeta Das, Advocate, Deepak Kumar, Advocate

JUDGMENT

C. Hari Shankar, J. - This petition, under Section 34 of the Arbitration and Conciliation Act, 1996 ( the 1996 Act ), is directed against a supplementary award dated 20 th August, 2020, passed by the learned arbitrator. By the supplementary award, the amounts awarded in favour of the petitioner in the original award dated 23rd January, 2020, against Claims No. 6 and 12, were reduced. The amount of Rs. 1,90,86,595/-, awarded in respect of claim no. 6, was reduced to Rs. 97,85,184/- and the amount of Rs. 58,08,475/ -, awarded in respect of claim no. 12, was reduced to Rs. 54,01,882/ -. Side by side, the learned arbitrator also modified the reasons for awarding the aforesaid amounts. The changes effected by the impugned supplementary award stand captured, in the impugned award itself, in a tabular form, thus:

Claim no. 6 Claim for illegal encashment of performance bank guarantee

Amount claimed (Rs.

Amount awarded in Original award (Rs.)

Award modified (Rs.)

1,90,86,595

1,90,86,595

97,85,184

Original reasons of award

Modified reasons of award

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