YASHWANT VARMA, J.

1.

The appellant / claimant assails the judgment and orders dated 12

December 2018 and 08 August 2019 passed by the learned Single

Judge on the Section 34 petition instituted by the respondent under the

Arbitration & Conciliation Act, 1996¹.

1 1996 Act

Digitally Signed

By:KAMLESH KUMAR

Signing Date:30.11.2023

13:15:27

Signature Not Verified

Page 2 of 25

2.

It would appear from the record that in terms of the judgment

which was rendered on 12 December 2018, the learned Single Judge

while partly allowing the Section 34 petition had reduced the rate of

interest awarded in favour of the appellant / claimant passed by the

Arbitral Tribunal² from 18% to 12% and further restricting the

application of interest from the date of accrual of cause of action,

namely, 08 March 2004 and providing it to commence from the date of

invocation of arbitration, namely, 06 July 2008.

3.

After the Section 34 petition had been finally disposed of on 12

December 2018, an application for modification came to be moved by

the respondent and which was accepted and disposed of in terms of the

order dated 08 August 2019. Dealing with the issues which appear to

arise on the appeal and on hearing