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2021 Supreme(Mad) 2468

N.SATHISH KUMAR
Governor of Tamil Nadu, Represented by the Secretary, Highways and Minor Ports Department, Chennai – Appellant
Versus
GMR Chennai Outer Ring Road Pvt. Ltd. – Respondent


Advocate Appeared:
For the Appellant :R. Shanmua Sundaram, Advocate General asst.by Edwin Prabakar, Government Counsel [CS].
For the Respondent:Ciccu Mukhopadhaya, R. Parthasarathy, Advocates.

JUDGMENT :

(Prayer: Petitions filed under section 34 [2] [2-A] of the Arbitration and Conciliation Act,. 1996, O.P.No.123 of 2021 to set aside the impugned arbitral Award dated 30.01.2020 passed by the learned arbitrator and O.P.No.285 of 2021 has been filed to partially set aside the award dated 30.01.2020 passed by the Arbitral Tribunal in respect of the refusal to grant pre-reference and pendente lite interest in terms of the Concession Agreement dated 05.12.2009 and award the same in favour of the petitioner or alternatively remand it back to the arbitration with a direction to grant pre-reference and pendentilite interest at the contractual rate.)

1. As against the award of the three member arbitral tribunal allowing the claim for a sum of Rs.3,40,97,02,245/-, O.P.No.124 of 2021 has been filed challenging the unanimous award.

2. O.P.No.285 of 2021 has been filed by the claimant as against a portion of the award relating to the interest alone.

3. Since both the Original Petitions are arising out of the same award, this Court is inclined to dispose of both the original petitions



















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