HIGH COURT OF MADRAS
HONOURABLE Ms. JUSTICE P.T. ASHA
M/S.J.K.FENNER (INDIA) LTD. – Appellant
Versus
M/S.NEYVELI LIGNITE CORPN.LT – Respondent
ORDER
The claimant is the petitioner in the above petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, hereinafter called the Act, challenging the Award of the Arbitral Tribunal dated 05.10.2013 and the modified Award dated 05.01.2014. For ease of reference the parties are referred to in the same ranking as before the Arbitral Tribunal. Although the claimant had made claims under 10 headings, the Arbitral Tribunal has partially allowed 4 claims and with reference to one claim made under two heads, the Tribunal has allowed the claim only with reference to one head and rejected the claim under the other head. The remaining 5 claims have been rejected in toto. Further the Tribunal has allowed the Counter claim under all heads barring one.
2. Although the claimant had challenged the Award in respect of all those portions that has been held against them, however, in the course of the Arguments and in the written submissions they have restricted the challenge to the Award only in respect of the following claims:
Claim I : Challenging the non-grant of interest towards the retention monies after allowing the claim for refund of the retention money.
Claim III : Refund
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