Supreme Court · 2011 INSC 483 · Decided 12 July 2011

Union of India v. M/S. Krafters Engineering & Leasing (P) LTD.

Court
Supreme Court of India
Citation
2011 INSC 483 · [2011] 8 S.C.R. 196
Case number
CIVIL APPEAL No. 2005/2007
Decided
12 July 2011
Bench
P. SATHASIVAM, A.K. PATNAIK (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Arbitration Act

Headnote

Arbitration Act, 1940 - Jurisdiction of arbitrator to award interest when contract prohibits it - Held: In such a case, C arbitrator cannot award interest for the amount payable to the contractor under the contract - However, where there is no prohibition as regards the grant of interest, award interest pendente lite - On facts, the bar under clause 1.15 of the General Conditions of the Contract between o the parties prohibiting payment of interest on amount payable to contractor under the contract, is absolute and interest cannot · be awarded without rewriting the

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