ndm 1 s.542.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 542 OF 2009 Union of India, through Divisional Railway Manager (Works), Mumbai. ... PETITIONER Vs. M/s. Ruchika Construction Company. ... RESPONDENT -------------- Mr. Suresh Kumar for Petitioner. Ms. Shilpa Kapil for Respondent. -------------- CORAM : ANOOP V. MOHTA, J. DATE : 07 th December, 2009. ORAL JUDGMENT 1 The Petitioner has invoked Section 34 of the Arbitration and Conciliation Act, 1996 (for short, the Arbitration Act) , thereby challenged the part of the award and basically grant of interest @ 18% on the amount so awarded from the date of publishing of the award. ndm 2 s.542.09.sxw 2 The learned counsel appearing for the Respondent conceded to this extent that let interest be maintained from the date of the award @ 9% as awarded in above construction matter by this Court. 3 In view of above, as there are no other challenge is raised, the learned counsel appearing for the Petitioner on instructions, not pressing any other point. 4 Both the parties agreed and confirmed that the award can be modified under Section 34 of the Arbitration Act. In the present case, in view of the fact that the Respondent himself is not pressing the point / award / partial award, which are in his favour, as challenged by the Petitioner. I see, there is no reason now to keep this matter pending and/or even remand the same. Therefore, in the interest of justice and to avoid further delay in such Arbitration Proceeding, I am inclined to modify the award to the following extent and rest of the award is maintained. ndm 3 s.542.09.sxw The Petitioner (original Respondent) shall pay an amount of Rs.91,803/- plus FDR amount alongwith interest as awarded from the date of the award @ 9% to the claimant instead of 18% as awarded. 5 Resultantly, the Petition is allowed to the above extent. No costs. [ ANOOP V. MOHTA, J ]