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2009 Supreme(SC) 1542

MARKANDEY KATJU, ASOK KUMAR GANGULY
Coal Linker – Appellant
Versus
Coal India Ltd. – Respondent


Advocates Appeared:
For the Appellants : K.V. Vishwanathan, Sr. Adv., Amit Bansal, Navin Chawla, Advs., with him for the Appellants.
For the Respondents:Mathai M. Paikeday, Sr. Adv., Sunil Roy, Adv., with him for the Respondents.

JUDGMENT

Ganaguly, J.—

1. The appellant herein, a proprietary concern, was given a work order on or about 5.7.1982 by Coal India Limited (hereinafter referred to as “the respondent”) for transportation of coal/coke by road to the respondent’s stockyard at Kanpur and also for operation of the said stockyard.

2. Pursuant to such work order a formal agreement was entered into between the appellant and the respondent and the said agreement contained an arbitration clause. As disputes and differences arose between the parties, a reference was made to the sole arbitrator for resolving the dispute and an award dated 30.4.1993 was passed awarding an amount of Rs.51,77,600/- In favour of the of appellant. Appellant was granted interest Rs .11,39,560/- calculated at the rate of 15% from October, 1990 to April, 1993. Interest was also granted for the pre-reference period to the extent of Rs.10,97,250/- but In the award no interest was granted from the date of the award till the date of the decree.

3. Challenging the said award, the respondent filed an application, but the same was dismissed by the learned Single Judge of the Calcutta High Court by a judgment and order dated 3.11.1995. There




















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