The Oriental Insurance Company Ltd. v. HCL Infosystems Limited

Delhi High Court · 20 Jul 2023 · 2023:DHC:5031-DB
V. Kameswar Rao; Anoop Kumar Mendiratta
FAO(OS) (COMM) 112/2023
2023:DHC:5031-DB
civil appeal_allowed

AI Summary

The Delhi High Court condoned delay and disposed of the appeal by modifying the arbitral award's interest rate to 12% per annum based on parties' mutual consent.

Full Text
Translation output
FAO(OS) (COMM) 112/2023
HIGH COURT OF DELHI
Date of Decision: July 20, 2023
FAO(OS) (COMM) 112/2023, CM APPL. 27402/2023
THE ORIENTAL INSURANCE COMPANY LTD. ..... Appellant
Through: Mr. Ansul Kumar, Advocate.
VERSUS
HCL INFOSYSTEMS LIMITED ..... Respondent
Through: Mr. Amitesh Chandra Mishra, Ms. Shruti Shrivastava and Ms. Ankita Priya, Advocates.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA V. KAMESWAR RAO (Oral)
CAV 273/2023
JUDGMENT

1. Since, the caveator has entered appearance, the Caveat stands discharged. CM APPL. 27401/2023 (Exemption)

2. Allowed, subject to all just exceptions.

3. The application stands disposed of. CM APPL. 27400/2023 (Condonation of delay)

4. For the reasons stated in the application, the delay in filing the appeal is condoned.

5. The application stands disposed of. FAO(OS) (COMM) 112/2023, CM APPL. 27402/2023 (Stay)

6. Learned counsel for the parties state that the parties have agreed between themselves to confine the interest as awarded by the learned Arbitrator to 12% per annum instead of 18% per annum by drawing our FAO(OS) (COMM) 112/2023 attention to paragraph 58 of the Award. They also state that in view of the limited challenge to the award, on interest, the appeal be disposed of.

8. The learned counsel for the appellant states on instruction that awarded amount shall be paid to the respondent within a period of four weeks from today. The statement be taken on record.

9. In view of the above, we dispose of the appeal. The pending application also stand disposed of.

V. KAMESWAR RAO, J.

ANOOP KUMAR MENDIRATTA, J. JULY 20, 2023