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2023 Supreme(Raj) 1176

VIJAY BISHNOI, REKHA BORANA
Executive Engineer, Survey And Investigation, Lift Division First – Appellant
Versus
Ashok Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Pankaj Sharma, AAG with Mr. Deepak Chandak
For the Respondent: Mr. V.K. Aggarwal Mr. Dalpat Singh Solanki

JUDGMENT :

Rekha Borana, J.

1. The present appeal has been preferred against the order dated 22.01.2019 passed by the Commercial Court, Jodhpur (hereinafter referred to as ‘the learned Court below’) in Civil Misc. ‘A’ Case No.47/2018 (NCV No.31/2018) whereby the objections under Section 34 of the Arbitration and Conciliation Act, 1996 (for short ‘the Act of 1996’) preferred by the appellants against the award dated 30.07.2016 passed by learned Arbitrator have been rejected. Vide the award, the learned Arbitrator had proceeded on to pass an award for an amount of Rs.30,23,450/-in favour of the claimant-firm with interest @ 9% per annum till the date of award which, the non-claimant was directed to pay within 3 months failing which, further interest was awarded @ 9% per annum till the date of actual payment. The counter claim as preferred by the respondent State was rejected.

2. Before proceeding on merits of the present appeal, it is relevant to note that an application under Order 6 Rule 17 of the Code of Civil Procedure for amendment of the present appeal and an application under

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