IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved On 06.03.2024 Pronounced On 07.06.2024 CORAM :

THE HONOURABLE MR.JUSTICE C.SARAVANAN O.P.Nos.138 and 214 of 2021 O.P.No.138 of 2021 M/s.Bharat Motors Limited, Represented by its Executive Director Sandeep Kumar Bajoria ... Petitioner Vs.

Ashok Leyland Limited ... Respondent Prayer in O.P.No.138 of 2021: Original Petition is filed under Section 34(2)(b)(ii) of the Arbitration and Conciliation Act, 1996, praying to set aside the impugned Award dated 10.03.2020 passed by the Arbitral Tribunal in A.F.No.143 of 2017 in respect of the petitioner's claim for pre-reference interest and pendente lite interest, to grant the petitioner's claim for pre-reference interest and pendente lite interest, to direct the respondent to compensate the petitioner for the costs incurred in the proceedings.

O.P.No.214 of 2021 Ashok Leyland Limited ... Petitioner Vs.

M/s.Bharat Motors Limited, Represented by its Executive Director Sri Aditya Bhalotia ... Respondent Prayer in O.P.No.214 of 2021: Original Petition is filed under Section 34(2)(b)(ii) of the Arbitration and Conciliation Act, 1996, praying to set aside the impugned Award dated 10.03.2020 in respect of those portions which have been allowed in favour of the respondent and to award costs of the present petition.

In O.P.No.138 of 2021 For Petitioner : Mr.Anirudh Krishnan For Respondent : Mr.Kuberan for M/s.Rank Associates In O.P.No.214 of 2021 For Petitioner : Mr.Kuberan for M/s.Rank Associates For Respondent : Mr.Anirudh Krishnan

COMMON ORDER

By this common order, both these Original Petitions filed under Section

34 of the Arbitration and Conciliation Act, 1996 are being disposed of.

2. O.P.No.138 of 2021 has been filed by the claimant against the impugned Award passed by the Arbitral Tribunal on 10.03.2020 while O.P.No.214 of 2021 has been filed by the respondent before the Arbitral Tribunal against the same Award.

3. Before the Arbitral Tribunal, the claimant (the petitioner in O.P.No.138 of 2021) had prayed for the following relief:-

IX. RELIEF SOUGHT “38. Wherefore, the Claimant respectfully prays that this Hon'ble Tribunal may kindly be pleased to:

I. Direct the Respondent to make payment of a sum of INR.2,38,02,369.11/- due and payable to the Claimant;

II. Direct the Respondent to liquidate the spare parts worth Rs.1,70,39,389.50/- and make the payment of such to the Claimant;

III. Direct the Respondent to make payment of simple interest of Rs.3,27,71,769.24/- from the date on which the payments were due/cause of 'action arose till the date of the Statement of Claim along with compound interest till the date of the award calculated at the rate of 18% compounded yearly and future compound interest on the sum awarded (including the interest pendent lite and legal costs) at the rate of 18% compounded yearly from the date of the award till the date of payment;

IV. Direct the Respondent to pay costs of the proceedings before this Hon'ble Tribunal;

V. Grant such other relief as this Hon'ble Tribunal deems fit to grant in the facts and circumstances of the case.”

The above claims were under different heads.

4. The respondent (the petitioner in O.P.No.214 of 2021) had made counter-claim for Rs.1.04 Crores for not furnishing C-Forms to the tune of Rs.5.06 Crores and towards damages.

5. By the impugned Award dated 10.03.2020, the Arbitral Tribunal has partly allowed and partly disallowed/rejected the claim of the claimant. Aggrieved by the same, the claimant has filed O.P.No.138 of 2021 before this Court.

6. The claimant has challenged the impugned Award insofar as the impugned Award denies the interest for the period prior to the institution of arbitration proceedings and pendente lite interest on the amount awarded by the Arbitral Tribunal, to the tune of Rs.53,38,614.35/-.

7. The respondent before the Arbitral Tribunal [the petitioner in O.P.No.214 of 2021/respondent in O.P.No.138 of 2021] is aggrieved insofar as the impugned Award allows Claim Nos.1, 2 & 7 of the