Full Judgment
The tribunal, therefore, passes an interim award for Rs.21,52,697.00 together with interest at 10% per annum commencing from 1st June 2004 on the said sum of Rs.21,52,697.00. Considering the fact that a counter claim of about Rs.1.90 crores is pending adjudication in respect of claim relating to works at the Corporate Office at Gurgaon, it is directed that the claimant will furnish bank guarantee of a nationalized bank for a sum of Rs.12 lakhs (being more than 50% of the claim) before withdrawing the awarded sum in terms of this interim award.
The claimant is also directed to keep the bank guarantee for Rs.12 lakhs renewed till the disposal of the arbitration case. If the payment in terms of interim award is not made within three weeks of furnishing the bank guarantee by the claimant as directed hereinabove, the claimant will be entitled to further interest on the awarded sum with interest (Rs.21,52,697.00 + Rs.7,17,565.00=Rs.28,70,262.00) from the date of the interim award till realization of the awarded sum at the rate of interest at 10% per annum.
There will be no order as to cost in this interim award. It is not quite clear whether the award holder has furnished the bank guarantee. It is submitted on behalf of the award debtor that the obligation to make payment does not arise till such bank guarantee is furnished.
Therefore, on the above prima facie case, I direct the award debtor to keep the sum represented by the interim award in a separate interest bearing account upon intimation to the award holder. Upon such intimation being given the award debtor will not use that money for any purpose and I pass an order of injunction accordingly. Such exercise of setting apart the above sum should be made within one week from date.
In default of furnishing intimation to the petitioner within the stipulated time there will automatically be an order restraining the award debtor from transferring or alienating their interest in the property where the Registered Office is situated. Affidavit in opposition be filed by 6th of September, 2010. List this application on 21st of September, 2010. Affidavit in reply may be filed in the meantime. Liberty to apply.
All parties concerned are to act on a signed photocopy of this order on the usual undertakings.