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1999 Supreme(SC) 546

S.N.PHUKAN, S.RAJENDRA BABU
Oil And Natural Gas Commission – Appellant
Versus
Mc Clelland Engineers S. A – Respondent


Judgment

Rajendra Babu, J. - This appeal arises out of certain arbitration proceedings between the parties to this appeal resulting in an award made on February 29, 1988. The Arbitrators by their award directed that the appellant shall pay to the respondent as follows:

“(i) US $ 1004.50 being interest on US $ 40, 102.97 at 12% p.a. from 10.12.1985 to 16.4.1986.

(ii) US $ 59,583 being interest on US $ 3,12,011.00 at 12% p.a. from 3.5.1983 to 5.11.1984.”

2. On these two items of claim the Arbitrators also awarded interest at 12% per annum from the date of award till realisation. The award so made by the Arbitrators was filed into the Court. Objections filed thereto stood dismissed and decree was passed in terms of the award. Against that order made by the learned Single Judge in his original jurisdiction an appeal was carried to a division bench which also stood dismissed. Hene this appeal.

3. Shri B. Datta, learned senior counsel for the appellant, contended that what was awarded by the Arbitrators in respect of the two claims referred to earlier in the course of this order is itself interest for different periods. He, therefore, submitted that Arbitrat







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