Supreme Court · 1997 INSC 77 · Decided 29 January 1997
State of Orissa v. B.N. Agarwalla
- Court
- Supreme Court of India
- Citation
- 1997 INSC 77 · [1997] 1 S.C.R. 704
- Case number
- CIVIL APPEAL No. 471/1997
- Decided
- 29 January 1997
- Bench
- A.M. AHMADI, S.P. BHARUCHA, B.N. KIRPAL (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Arbitration Act Section 29
Headnote
Arbitration Act, 1940: Section 29. Interest-Award of-Pre-reference period i.e., for the period commenc- e ing from the date of dispute till the date arbitrator entered upon refer­ ence-Held: Arbitrator had jurisdiction to award Interest in cases which arose after the Interest Act, 1978 came of Interest Act, in absence of any substantive law, contract or usage, arbitrator had no jurisdiction to award interest-Decision in Abhaduta Jena's case 011 this aspect not overruled in D G. C.Roy's case-Stipulation in the contract that "no interest was payable on the amounts withheld
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