I.A. Nos. 57 of 2019 was dismissed as inentertainable as the beneficiary is to be paid after the modified award. I.A. No. 1 of 2020 was dismissed, observing the order was clear and the respondent could work out balance through appropriate forum.
I.A. Nos. 57 of 2019 and 1 of 2020 were disposed of as not entertainable and not maintainable.
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ARBA No.30 of 2010
19. 7.02.2020 I.A. Nos.57 of 2019 & No.1 of 2020
Heard Mr. A.K. Bose, learned Assistant Solicitor General of India and Mr. R.K. Rath, learned Senior Advocate appearing on behalf of the respective parties.
By filing I.A. No.57 of 2019 the appellant i.e. the Union of India is seeking permission from this Court to deposit the amount involving the modified award passed by this Court before the Registry of this Court.
Considering the submissions of respective Counsels, this Court finds, once modified award is worked out the beneficiary is to be paid with accordingly and there is no scope for depositing such amount before this Court. This Court thus disposes of the I.A. No.57 of 2019 as not entertainable.
So far as the I.A. No.1 of 2020 is concerned, it appears, this application is filed by the respondent involving the Arbitration Appeal No.30 of 2010 seeking clarification from this Court for the confusion made by the appellant through the Annexure-A therein.
Heard the submissions made by the respective parties. Perused the final judgment involving the ARBA No.30 of 2010 and this Court finds, there is no ambiguity in the direction of this Court therein, for which the modified award is to be worked out on its own spirit. This Court observes, in the event there is any wrong interpretation, nothing prevented the respondent to receive the amount as determined by appellant and work out the balance through appropriate Forum.
With this observation the I.A. No.1 of 2020 stands disposed of.
Issue urgent certified copy as per rules.
……….………………… (Biswanath Rath, J.)
Ayas
2
3 issues framed by the court
Whether the Union of India is permitted to deposit modified award amount before the Court registry.
Whether the respondent needs clarification from the Court regarding ambiguity in the direction.
Whether the modified award should be worked out on its own spirit by the parties so as not to create confusion.
Union of India
Respondent
Biswanath Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
