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2023 Supreme(Del) 194

ANUP JAIRAM BHAMBHANI
UNION OF INDIA – Appellant
Versus
ALCON BUILDERS AND ENGINEER PVT. LTD. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Jitendra Kumar Singh, Anjali Kumari, Rudresh Tripathi.
For the Respondent: G.S. Gangwar.

JUDGMENT :

ANUP JAIRAM BHAMBHANI, J.

1. By way of the present petition under section 34 of the Arbitration and Conciliation Act, 1996 (“A&C Act” for short), the petitioners-Union of India (Northern Railways) - impugn arbitral award dated 09.08.2007 (“impugned award”) rendered by the learned Sole Arbitrator, thereby deciding the disputes that had arisen between the petitioners and the respondent from a works-contract for Indoor Signalling Works i.c.w. Yard Remodelling at GZB awarded by the petitioners to the respondent on 07.12.1994. The impugned award variously decides the claims and counter-claims raised by the parties.

2. As recorded in order dated 04.03.2008, the limited challenge raised by the petitioners before this court concerns the award of pendente-lite interest and costs by way of the impugned award.

Challenge to Award of Pendente-Lite Interest

3. Mr. Jitendra Kumar Singh, learned counsel appearing for the petitioners submits that in awarding pendente-lite interest on the principal sum awarded, the learned Arbitrator has acted in breach of the provisions of section 28(3) of the A&C Act (as it stood prior to amendment by way of Amendment Act 3 of 2016 which came into effect fro

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