1 A 764.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.764 OF 2010 IN ARBITRATION PETITION NO.341 OF 2007 Municipal Corporation of Greater Mumbai .. Appellants. Vs. Joint Venture Angerlehner Michel Bau Gmbh .. Respondents. Mr.V.K.Khatu for the appellants. Mr.Zal Andhyarajina i/b Jayed Gaya for the respondents. CORAM : D.K.DESHMUKH & R.P.SONDURBALDOTA, JJ. DATED : 16TH AUGUST, 2010. P.C. Heard 2. Admit. 3. By consent heard finally. 4. Learned counsel appearing for the respondent-claimant submits that the claimant is entitled to have the award of the arbitrator modified to the extent that it awards interest on the sums awarded at the rate of 10% per annum. He submits that without any bifurcation on the entire amount awarded the interest may be directed to be paid at the rate of 7.5% per annum. The statement is accepted. In view of this statement, the award made by the learned arbitrator is modified and it is directed that the amount awarded by the arbitrator shall be payable by the appellant-corporation with interest at the rate of 7.5% per annum. 5. Award stands modified to that extent. S 2 A 764.10 6. It is the case of the appellant that counter claim of the appellants has not been considered by the learned arbitrator. The learned Single Judge has held that the counter claim has been considered by the arbitrator while considering the defence of the corporation to the claim made by the claimants. Learned counsel appearing for the respondents submits that though he does not accept this position he has no objection if the appellant-corporation is granted liberty to raise its counter claim as separate claim in accordance with contract between the parties and if that is done the respondents will not raise any objection to its maintainability on the ground that it was raised as a counter claim and will contest it on merits. In view of this statement it is directed that as counter claim of the appellant has not been considered either by the arbitral tribunal or by the learned Single Judge, the appellant shall be at liberty to claim the amount claimed as counter claim in accordance with contract and if so raised it shall be decided on its own merits in accordance with law without being influenced by findings recorded either in the award or in the order of learned Single Judge. The appeal is also disposed of. Notice of Motion No.2066 of 2010 is also disposed of. (D.K.DESHMUKH,J.) (R.P.SONDURBALDOTA,J.)