JUDGMENT

HARISH VAIDYANATHAN SHANKAR, J.

1. The present Appeal, instituted under Section 37 (1)(c) of the Arbitration and Conciliation Act, 1996 , A&C Act, read with Order XLIII, Rule 1 of theCode for Civil Procedure , CPC , and Section 10 of the Delhi High Court Act, 1966, challenges theJudgement dated 12.11.2009 , Impugned Judgement passed by the learned Single Judge of this court in O.M.P. No.279/1998.

2. Vide the Impugned Judgment, the learned Single Judge partly allowed the Respondent‟s petition under Section 34 of the A&C Act and modified the Arbitral Award dated 31.08.1998, Arbitral Award , setting aside claims pertaining to:

(a) additional distance of the disposal site of the ash deposits removed from I.P. Station along Ring Road near Nizamuddin Road Bridge [claim 2],

(b) modifying claims awarded for Idling Costs of Machinery/ staff/labour [claim 5],

(c) Loss of Profit due to the premature closure of the contract [claim 6] and

(d) Rate of Interest.

BRIEF FACTS:

3. The Respondent, Indraprastha Power Generation Co. Ltd. (formerly Delhi Vidyut Board), floated a Notice Inviting Tender on 28.07.1993 for excavation and removal of fly ash deposits from ash ponds situated along Ring Roa