JUDGMENT

B.R. Gavai, J.

Leave granted.

2. The short question involved in the present appeal is, as to whether the "sum" awarded under clause (a) of sub-section (7) of Section 31 of the Arbitration and Conciliation Act, 1996(hereinafter referred to as the "1996 Act") would include the interest pendente lite or not?

3. The undisputed facts in the present case are as under:

4. On being declared as the successful bidder, a Concession Agreement dated 25th August, 2008 (hereinafter referred to as "the Concession Agreement"), was entered into between the appellant-Delhi Airport Metro Express Private Limited (hereinafter referred to as "DAMEPL") and the respondent-Delhi Metro Rail Corporation (hereinafter referred to as "DMRC"). As per the Concession Agreement, the respondent-DMRC was to carry out the civil works (excluding at the Depot) and the balance works (including the Depot civil works and the Project systems works) were to be executed by the appellant-DAMEPL. As per Article 29 of the Concession Agreement, in the event of termination, it was the respondent-DMRC, which was liable to make Termination Payment (as defined in the Concession Agreement).

5. During the course of operations of the