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2022 Supreme(Gau) 441

DEVASHIS BARUAH
S C C Construction – Appellant
Versus
Union Of India And Represented By The General Manager, N. F. Railway, Maligaon – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. R Hussain

JUDGMENT :

Heard Mr. R Hussain, learned counsel for the petitioner and Mr. C.K.S Baruah, learned counsel for the respondent.

2. This is an application under Article 227 of the Constitution for setting aside and quashing the impugned order dated 16.12.2021 passed in Misc (Arb) Case No.49/2021 whereby the Court of the Additional District Judge FTC No.3, Kamrup (M) Guwahati have stayed the operation of the award dated 28.01.2020 till disposal of Misc (Arb) Case No.49/2021.

3. From a perusal of the award dated 28.01.2020, it appears that the learned Arbitrator had awarded an amount of Rs.11,76,322.29 in respect to Claim No.1; Rs.50,000/-in respect to Claim No.2; Rs. 16,39,511/-in respect to Claim No.3; Rs.34,72,174.89 in respect to Claim No.5 i.e., in total Rs.63,38,008.18 p. Apart from that, the learned Arbitrator have awarded interest @ 7% p.a. in respect to the sum awarded against claim No.1, 2, 3 and 5 from the date of the final claim dated 05.04.2014 till the date of the award and further cost of Rs.1,00,000/- as litigation cost. Further to that, in terms with Section 31(7)(b) of the Arbitration and Conciliation Act, 1996 (for short the Act of 1996), the learned arbitrator had awa

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