Summary
The High Court’s second remand of the State’s challenge to an arbitral award was set aside. The District Judge had supplied adequate reasons for rejecting the Section 34 petition, and the Court found no answer to the limitation objection. The District Judge’s order was affirmed. In the interests of justice, the enhanced 18% interest rate was reduced to 15%, with three months allowed for payment of the balance award amount.
Issues
- Whether a further remand was justified for supposed absence of reasons in rejecting the award challenge.
- Whether interest and time for payment should be modified.
Held
- The Section 34 proceedings had already undergone repeated remands. The District Judge’s order adequately explained why the factual challenges did not warrant interference; the High Court’s premise that no reasons were given was incorrect. The Court also found no answer to the limitation point despite its apparent non-agitation in the second round. (¶¶ 4, 5, 6, 7, 8)
- The remand order was set aside and the District Judge’s 22 December 2016 order affirmed. The Court nevertheless reduced the post-four-month enhanced interest rate from 18% to 15% and granted three months to pay the balance. (¶¶ 8, 9, 10)
Result
Appeals disposed of: High Court remand set aside and District Judge’s rejection of the award challenge affirmed, subject to reduction of enhanced interest to 15% and three months for payment of the balance.