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HIGH COURT OF DELHI
O.M.P. (COMM) 256/2016, I.A. 39963/2024, I.A. 39962/2024
& REVIEW PET. 342/2024 NORTH DELHI MUNICIPAL CORPORATION .....Petitioner
Through: Ms. Renu Gupta, Ms. Carina Arora and Ms. Pratiksha Jalan, Advs.
Through: Mr. Moni Cinmoy and Mr. Abhinav Akash, Advs.
ORDER (ORAL)
27.09.2024 Review Pet. 342/2024
JUDGMENT
1. I have heard Ms. Carina Arora, learned Counsel for the review petitioner and Mr. Moni Cinmoy, learned counsel for the respondent.
2. Ms. Arora, learned Counsel for the review petitioner, submits that by inadvertence, the operative portion of the judgment dated 5 August 2024, in OMP (COMM) 256/2016, even while noticing the candid acknowledgement by Mr. Cinmoy, that Claim 6 could not have been awarded, in para 54, does so record in the operative portion of the judgment. She also submits that interest would also therefore not be payable on the amount awarded in Claim 6.
3. Mr. Cinmoy fairly acknowledges that this is the position. Review Pet. 342/2024 in O.M.P. (Comm) 256/2016
4. Accordingly, para 71 of the judgment under review would stand corrected to read thus: “Accordingly, the impugned award is set aside in respect of Claims 2, 4 and 6 and upheld in respect of all other claims except to the extent that the award of interest in Claim 7 would not cover the amount awarded by the learned Arbitral Tribunal in Claim 6”
5. The review petition stands allowed accordingly.
C. HARI SHANKAR, J.