IRCON International Ltd. VS Amalgamated Construction India Pvt. Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

D. DASH
IRCON International Ltd. – Appellant
Versus
Amalgamated Construction India Pvt. Ltd. – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:Mr. S.K. Das, Advocate
For the Respondent No.1:Mr. P.K. Rath, Sr. Advocate
For the Respondent No.2:Mr. P.C. Panda, Advocate

JUDGMENT

D. Dash, J.—The Appellant-Company, by filing this Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the A&C Act’ 1996), has assailed the judgment dated 24.07.2017 passed by the learned District Judge, Khurda at Bhubaneswar in Arb(P) No.176 of 2012 in the matter of an application under section 34 of the Act. This Appellant had filed the application under section 34 of the A & C Act praying to set aside the award dated 13.06.2012 passed by the learned Arbitrator. By the said award, the learned Arbitrator held the Respondent No.1 (Claimant) to be entitled to a sum of Rs.11,00,000/- from the present Appellant. The learned Arbitrator having so directed the Appellant to pay the said amount to the Respondent No.1-Company (Claimant), has further directed that the same be paid with interest @ 9% per annum from October, 2000 up-till the date of award and thereafter @ 12 % till payment along with the cost of the proceeding assessed at Rs.1,18,500/-

2. Factual Matrix of the Case:-

On 02.09.1996 the Airport Authority of India Ltd. floated the tender for award of work of “Runway Extension Site” at Bhubaneswar Airport. On 04.12.1996, the Ap