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2021 Supreme(J&K) 386

SANJAY DHAR
Union of India – Appellant
Versus
Gee Kay Engineering Industries – Respondent


Advocate Appeared:
For the Petitioner(s): Mr. Vishal Sharma, ASGI
For the Respondent(s):M/s. Guneet Choudhary and Ashwani Khajuria, Advocates

JUDGMENT :

Sanjay Dhar, J.

1. The Petitioner has challenged the impugned interim Award dated 04.01.2020 passed by the sole Arbitrator, the operative part of which is as under:

    “From the documents submitted during Arbitral Proceedings, it is prima facie proved that the respondent placed order after proper inspection of BAMI which were supplied to him by the claimant. The dispute between the parties arose later on. What will be the fate of the Arbitral proceedings, cannot be said at this stage but it is prima facie established by the claimant that he is entitled to interim award at this stage amounting to Rs.5,50,000/- (five crores and fifty lakhs only) under the provisions of Section 31 (6) of the Act which comes to approximately 8% of the total claims of the claimant. The respondent is directed to pay the said amount of interim award within a period of two weeks from today. In default of payment, the respondent shall be liable to pay the said amount along with interest @ 90% per annum from the date of interim award till payment is made. No further proceedings are required in this application and it shall form part of the main file.”

2. Briefly stated the case of the respondent-firm bef

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