1 ARBP756/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.756 OF 2010 Union of India ...Petitioners v/s M/s Grace Engineers ...Respondents Mr Suresh Kumar for Petitioners. Mr S.S. Phadke for Respondents. CORAM : D.K. DESHMUKH J. DATE : 9TH JUNE 2011. 2 ARBP756/10 P.C. :- 1] By this petition, the petitioners challenge the award made by the learned Arbitrator. The learned Arbitrator has awarded claim Nos.1, 2, 4, 5 and interest from 10th July 1992. Claim No.1 relates to the cost of work which admittedly has been completed by the contractor. I have heard learned counsel appearing for the petitioners. I see no reason to interfere with the award because it is essentially a finding of fact. When there is a finding recorded that the termination of contract was wrongful, the contractor will have to be paid cost of work which he has admittedly completed. 2] The same is the position in relation to claim No.2. The learned Arbitrator has recorded a finding of fact that the contract was terminated because of delay in completion of work and the delay in completion of work was entirely because of the petitioners and not the contractor and obviously therefore, the learned Arbitrator was justified in 3 ARBP756/10 awarding amount of loss suffered by the contractor. Same is the case with claim No.5. Claim No.5 relates to compensation for prolongation beyond 11th June 1991. The learned counsel appearing for petitioners submitted that the award made against claim No.5 is contrary to the provisions of the General Conditions of Contract, especially condition No.17. It is clear from the award that this contention was not raised before the learned Arbitrator and therefore it cannot be considered. 3] The learned counsel appearing for petitioners submits that the learned Arbitrator has awarded interest on the amount of award from 10th July 1992 i.e. Anterior to the reference. According to the learned counsel for petitioner, interest could not have been awarded for the period before the date of reference. The date of reference is 6th June 1996. The learned counsel appearing for respondents agrees with the learned counsel appearing for petitioners. The award is therefore modified by consent of parties by directing that the 4 ARBP756/10 interest on the awarded amount shall be payable at the rate mentioned in the award not from 10th July 1992 but from 6th June 1996. Petition is disposed off. Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH )