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Judgment
Arindam Sinha, J
Mr. Mohanty, learned senior advocate appears on behalf of appellants. With reference to record of submission in order dated 11th January, 2022 he
submits, cancellation of the contract was not subject matter of the controversy decided in the award. A percentage of work unfinished was sought to
be justified by respondent on ‘force majeure’ and such contention was accepted by the Tribunal.
Court interrupts Mr. Mohanty to remind parties of oral observations made on last occasion, considering extent of unfinished work was 0.005%.
Court is not inclined to adjudicate whether there is merit in the appeal, since there was super cyclone during subsistence of the contract. The minor
percentage of unfinished work may be attributed to disruption by the cyclone, as an act of God.
Mr. Choudhury, learned advocate appears on behalf of respondent and submits, he has instruction that if the award is satisfied by 31st March, 2022,
his client will accept in reduction, interest to be 10% against 12% on the award. He reiterates, there must be discharge and satisfaction of the award
on or before 31st March, 2022, for his client to close the account in the financial year.
Mr. Mohanty prays for adjournment to obtain instruction from his client.
Court expects this arbitration appeal will be disposed of on satisfaction of parties instead of on merits, on adjourned date.
List on 15th February, 2022.
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