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2023 Supreme(Del) 2854

NAVIN CHAWLA
Emmson Gulf Dmcc – Appellant
Versus
National Cooperative Consumer Federation of India Ltd. – Respondent


Advocates appeared:
Mr.Ashish Khorana, Advocate, for the Petitioner.
Ms.Anju Bhattacharia and Ms.Suriti, Advocates, for the Respondent.

JUDGMENT

Navin Chawla, J. (Oral)

1. This petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') challenging the Award dated 13.05.2016 passed by the learned Sole Arbitrator to the limited extent that while awarding the amount of Rs.51,43,248/- to the petitioner towards the Performance Bank Guarantee, the learned Sole Arbitrator has awarded interest only with effect from the date of the Award, i.e., 13.05.2016 till the date of the payment.

2. It is the case of the petitioner that the petitioner had claimed interest on the above amount from the date of the encashment of the Performance Bank Guarantee, i.e. 04.03.2010, till the invocation of the arbitration, i.e. 15.04.2013 as also the pendente-lite and future post- Award interest.

3. The learned counsel for the petitioner contends that leave alone giving any reason for not allowing the above claim, the above claim appears to have completely missed the consideration of the learned Sole Arbitrator.

4. On the other hand, the learned counsel for the respondent submits that the respondent had also challenged the Impugned Award by way of a petition under Section 34 o

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