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2001 Supreme(SC) 762

B.N.AGARWAL, G.B.PATTANAIK
National Aluminium Co. LTD. – Appellant
Versus
Varun Shipping Company LTD. – Respondent


ORDER

Leave granted.

2. These appeals are directed against the orders of a Division Bench of the Bombay High Court affirming the judgment of the learned Single Judge. Awards having been passed by the Arbitrator under the Arbitration Act, 1940 which awards were unreasoned awards, objections were filed by the appellants. The learned Single Judge of the Bombay High Court over-ruled those objections and made the awards a Rule of the Court. The appellants approached the Division Bench in appeal and the appeals having been dismissed, the present appeals are before this Court.

3. The learned Additional Solicitor General appearing for the appellants raises two contentions in assailing the validity of the awards in question. One, the Arbitrator had no jurisdiction to award compensation for demurrage charges in view of the terms of the agreement itself and two, in any view of the matter, the award of interest of 15 per cent is grossly excessive and the same cannot be sustained. So far as the first contention is concerned, having examined the awards of the Arbitrator and the contentions raised by the learned A.S.G. in assailing the legality of the same and which contention stood rejected, as wel






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