CALCUTTA HIGH COURT
Arijit Banerjee, Om Narayan Rai, JJ
M/s. Balmer Lawrie & Co. Ltd. – Appellant
Versus
Ruia Chemicals Pvt. Ltd. – Respondent
Dictated by Arijit Banerjee, J.:
This appeal is directed against an order dated May 8, 2018, passed by the Additional District Judge, 1st Court, South 24 Parganas, Alipore, on an application under Section 34 of the Arbitration and Conciliation Act , 1996, filed by the respondents herein.
Disputes and differences having arisen between the appellant and the respondents in relation to a contract, arbitration took place. The respondent company (Ruia Chemicals Pvt. Ltd.) was the claimant. The appellant (M/s. Balmer Lawrie Co. Ltd.) was the respondent before the Arbitral Tribunal.
The Tribunal awarded a sum of approximately Rs. 40 lac to Ruia after adjusting the amount of Rs. 2 lac which was the amount of counter claim made by Balmer Lawrie and which was allowed. The Arbitrator also held that Ruia is entitled to get back the performance guarantees. However, the Arbitrator did not award interest.
To the extent that interest was not awarded and another bank guarantee was not released by the Arbitrator, Ruia filed the said Section 34 application challenging the award.
The learned Trial Court awarded interest for the period
11.05.2012 to 11.03.2018 at the rate of 18 per cent per annum compound
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