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2022 Supreme(Jhk) 322

RAJESH SHANKAR
SPML Infra Ltd. (formerly known as Subhash Projects and Marketing Ltd. ), New Delhi, through one of its authorized signatory Sri Sudhanshu Shekhar Jha – Appellant
Versus
Jharkhand Bijli Vitran Nigam Ltd. , Ranchi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Rohitashya Roy, Advocate Mr. Vibhor Mayank, Advocate

ORDER :

The present civil miscellaneous petition has been filed for issuance of direction upon the learned Presiding Officer, Commercial Court, Ranchi to expeditiously dispose of Execution Case No. 21/2019 filed for execution of the Arbitral Award dated 06.10.2018 passed by the Sole Arbitrator in A. A. No. 11 of 2011, whereby a sum of Rs. 35,18,90,249/- has been awarded in favour of the petitioner along with interest @ 6% per annum with effect from 07.12.2012 till 06.10.2018 and @ 18% per annum thereafter till final payment as in view of the provisions of Section 36(2) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act, 1996”), the said award is enforceable.

2. Learned counsel for the petitioner submits that Sole Arbitrator has passed the award dated 06.10.2018 holding that the petitioner is entitled for total claim of Rs. 35,18,90,249/- along with interest @ 6% per annum from the date of the order passed by the High Court referring the disputes to arbitration (specified as 07.12.2012), till the date of Award and @ 18% per annum from the date of Award till final payment. After passing of the Award, the opposite party filed Commercial Revocation Case No

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