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2009 Supreme(SC) 1216

P.SATHASIVAM, R.V.RAVEENDRAN
SAYEED AHMED & CO. – Appellant
Versus
STATE OF U. P. – Respondent


Advocates appeared:
Vinay Kumar Garg - Appellant.
Pramod Swarup, T. N. Singh, Chandra Prakash Pandey - Respondent.

JUDGMENT

R. V. RAVEENDRAN, J.

Leave granted. The issue in this appeal is whether the Arbitrator can award interest for pre-reference period and pendente lite, when the contract prohibits the employer from entertaining any claim for interest.

The respondents entrusted a construction work to appellant under an agreement dated 30.3.1990. The work was completed by the appellant on 31.3.1996. Disputes arose between the parties by reason by rejection of claims of appellant and they were referred to Arbitration on 13.3.1997. Before the Arbitrator, the appellant made 11 claims aggregating to Rs. 133.43 lakhs. The Arbitrator made an award dated 31.7.2001 directing the respondents to pay to the appellant the following :-

(i) Rs. 24,18,586/- with interest at 18% p.a. from 1.4.1996 till date of payment.

(ii) The amount if any, due to appellant on finalizing the final bill with interest at 14% p.a. from 1.5.1996 till date of payment; and

(iii) The security deposit amount due with interest at 12% p.a. from 1.10.1996 till date of payment.

The civil court by its judgment dated 7.12.2005 dismissed the application to set aside the award, filed by the respondents under section 34 of the Arbitration a














































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