M/s Technology Products and another ...... Respondents CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH HON'BLE MR. JUSTICE HARPREET SINGH BRAR *** Present: Mr. Puneet Jindal, Sr, Advocate with Ms.Malvi Aggarwal, Advocate for the appellants. *** HARPREET SINGH BRAR, J. 1. The appellants have preferred this appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Arbitration Act' for short) read with Section 13 of The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter referred to as 'the Act of 2015' for short) against the judgment dated 20.07.2019 passed by the learned Presiding Judge, Special Commercial Court at Gurugram. The appellants have also prayed for setting aside the arbitral award dated 06.01.2017. 2. Brief facts of the case emerging from the record are that the Haryana Power Generation Corporation Ltd. (hereinafter referred to as HPGCL) floated notice inviting tender No. 136/CE/TD/E1/703/U7&8 dated 21.01.2004 for the work of Design, Manufacture, Assembly, 1 of 12 ::: Downloaded on 11062023 21:38:09 ::: Neutral Citation No:2023:PHHC:060422DB FAOCARB No.1 of 2020(O&M) 2 2023:PHHC:060422DB Inspection and Calibration at Manufacturer's work, supply and delivery F.O.R. site for Electrical Lab Equipments along with accessories for 2 x 250 MW Unit7&8, TDLTPS, Panipat. After having submitted the offer by respondent/contractor before Special High Purchase Power Committee, Letter of Intent (hereinafter referred to as 'LOI') dated 29.06.2005 was issued to respondent/Contractor which was duly accepted by it vide letter dated 16.05.2005. Thereafter, the contract was entered into between HPGCL and respondent/contractor. The contractor was under contractual obligation to obtain a taking over certificate. Thus, contract dated 16.08.2005 for the aforesaid work was executed. The contract price was Rs. 81,06,963. 48 inclusive of taxes and duties. Several obligations were placed upon the respondent/contractor and after performance thereof, it was entitled to payment of the work executed. The taking over certificate as per clause 11 of Contract dated 16.08.2005 was to be issued by Engineerincharge after the material had been received at the site, inspected, counted, measured and found to be in good condition, erected and installed, tested and commissioned and found to be conforming to all the requirements of this contract and the relevant specifications and after completing test and inspection certificate had been duly supplied by the supplier. 3. As per the terms and conditions of the tender awarded to respondentcontractor, the work was required to be completed within six months from the date of the issuance of LOI dated 29.06.2005, however, the respondent completed the work on 22.12.2010. The matter regarding the payment of remaining amount as claimed by the respondent was referred to arbitration by the Haryana Micro Small Enterprises Facilitation Council on 2 of 12 ::: Downloaded on 11062023 21:38:10 ::: Neutral Citation No:2023:PHHC:060422DB FAOCARB No.1 of 2020(O&M) 3 2023:PHHC:060422DB 07.07.2015 and arbitrator was appointed vide order dated 28.07.2015. The arbitrator awarded (i) Rs. 8,10,697/ along with interest from 06.01.2017 (date of award) till payment, and (ii) interest on the amount of Rs. 6,08,083/ which had been paid by the appellant to the respondentcontractor on 05.03.2015 under Section 16 of the Micro Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as 'the MSMED Act' for short). The objection petitions against the award, filed by the appellants were heard and dismissed by the learned Presiding Judge, Special Commercial Court at Gurugram. Aggrieved from the aforesaid decision,