2024:MHC:2985 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.07.2024 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI O.S.A Nos.195 & 196 of 2021 and C.M.P.Nos.8271 & 8291 of 2021 in O.S.A Nos.195 & 196 of 2021 O.S.A.No.195 of 2021 Airports Authority of India Represented by its Asst. General Manager Engg. (C) Project Division I Meenambakkam, Chennai-27. ... Appellant Vs.

M/s.URC Construction (P) Ltd., No.13, (Old No.H-102)

Periyar Nagar, Erode - 638 001. .. Respondent Original Side Appeal No.195 of 2021 filed under Order XXXVI Rule

1 of the Original Side Rules read with Clause 15 of Letters Patent under Section 13(1) of Commercial Courts Act, 2015, praying to set aside the order dated 23.01.2020 passed in O.P.No.108 of 2019 by allowing the above appeal.

O.S.A.No.196 of 2021 Airports Authority of India Represented by its Senior Manager Engg. (C)

Project Division IV Project Office at 2nd Floor, Link Building Chennai Airports Project Chennai-600 016. ... Appellant Vs.

M/s.URC Construction (P) Ltd., Rep. by its Authorised Signatory Mr.V.Ganesan, Manager No.13 (Old No.H-120) Periyar Nagar Erode - 638 001. .. Respondent Original Side Appeal No.196 of 2021 filed under Order XXXVI Rule

1 of the Original Side Rules read with Clause 15 of Letters Patent under Section 13(1) of Commercial Courts Act, 2015, praying to set aside the common order dated 23.01.2020 passed in O.P.No.1068 of 2018 insofar as enhancement of interest portion from 6% p.a. to 12% p.a. on the amount awarded in respect of claims 1, 2 and 3 are concerned and allow the above appeal.

For Appellant in both OSAs : Mr.M.S.Krishnan Senior Counsel instructed by Mr.V.Lokesh Kumar For Respondent in both OSAs : Mr.P.J.Rishikesh along with Ms.Pravartha . J

C O M M O N J U D G M E N T

[Judgment of the Court was made by M.SUNDAR, J.,]

This common order will now dispose of the captioned three intra-

Court Appeals i.e., 'Original Side Appeals' {'OSAs' for the sake of brevity} and two 'Civil Miscellaneous Petitions' {hereinafter 'CMPs' for the sake of brevity} thereat.

2. Captioned OSAs have been filed in this 'Commercial Appellate Division' {hereinafter 'CAD' for the sake of brevity} assailing a 'common order dated 23.01.2020 made in O.P.Nos.1068 of 2018 and 108 of 2019' {hereinafter 'impugned common order' for the sake of convenience, clarity and brevity} on the file of Commercial Division of this Court.

3. When the captioned matter was taken up, Mr.M.S.Krishnan learned Senior Counsel for 'Airports Authority of India' {'AAI' for the sake of brevity} and Mr.P.J.Rishikesh, learned counsel along with Ms.Pravartha .J are before us.

4. Learned Senior Counsel for AAI and learned counsel for respondent very fairly submitted that the central theme in the captioned matters is modification of an award by a Section 34 Court i.e., principle that a Section 34 Court shall not modify an award is the obtaining position today vide Hakeem case [Project Director NHAI Vs. M.Hakeem reported in (2021) 9 SCC 1]. This Court is conscious that the question as to whether the power of modification can be read into Sections 34 and 37 of 'the Arbitration and Conciliation Act, 1996 (Act 26 of 1996)' {hereinafter 'A and C Act' for the sake of brevity} is a question which has been referred to a Larger Bench by a three member Bench of Hon'ble Supreme Court. To be noted, on this aspect, learned counsel on both sides fairly submitted that captioned matters are directly and squarely covered by another order dated

24.06.2024 made by this Bench in O.S.A.Nos.118 of 2020 & 218 of 2021 and CMPs thereat [ICMC Case]. To add specificity, we clarify that we make it clear that only this aspect is covered and not facts as the facts in ICMC case and case on hand are completely different.

5. In the light of the aforementioned common submission, we deem it appropriate to extract and reproduce our entire order dated 24.06.2024 in ICMC case and the same reads as follows:

'IN THE HIGH COURT OF JU