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2023 Supreme(Del) 2913

RAJIV SHAKDHER, TARA VITASTA GANJU
Continental Construction Ltd. – Appellant
Versus
NHPC Limited (Formerly Known As National Hydro Electric Power Corporation Ltd. )& Anr. – Respondent


Advocates appeared:
Mr Satpal Singh, Advocate, for the Appellant.
Mr Sudhanshu Batra, Senior Advocate with Mr B.P. Singh, Advocate, for the Respondent.

JUDGMENT

Tara Vitasta Ganju, J.

CM APPL. 27430/2019 [Application filed on behalf of the Appellant seeking condonation of delay of 68 days in filing the appeal]

1. The present Appeal has been filed challenging the Impugned Order and Judgment dated 06.12.2018 passed in O.M.P. 668/2009 (hereinafter referred to as "the Impugned Judgment") passed by the Learned Single Judge under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act").

1.1. The Learned Single Judge by the Impugned Judgment partly modified the award dated 05.06.2009 (hereinafter referred to as "the Award") by setting aside the amounts awarded under Clause 8.1 of the contract between the parties and also reduced the future interest awarded by the Arbitrator from 18% to 12% per annum, on the amounts awarded. The Impugned Judgment directed that the payment be made by the Respondent within three months failing which interest at the rate of 18% per annum would be payable on the awarded amount.

2. Mr Sudhanshu Batra, Learned Senior Counsel appearing for the Respondent, has raised a preliminary objection with regard to the maintainability of the present Appeal being filed beyond the perio

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