DELHI HIGH COURT
C.HARI SHANKAR
Tantia Construction Limited – Appellant
Versus
Ircon International Ltd. – Respondent
(Video-Conferencing)
1. This petition, under Section 34 of the Arbitration and Conciliation Act, 1996 ("the 1996 Act"), is directed against a supplementary award dated 20th 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 |
| As deliberated in above paras, the termination of the contract was wrongful, illegal and arbitrary due to the occurrence of earthquake in |
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