H. L. DATTU, S. A. BOBDE, A. M. SAPRE
Hyder Consulting (UK) Ltd. – Appellant
Versus
Governor, State of Orissa – Respondent
JUDGMENT
H.L. Dattu, CJI.
1. In view of the reference order dated 13.03.2012, this Civil Appeal and the matters connected therewith are placed before a three-Judge Bench of this Court for consideration and decision. The question before this Court is, whether the decision of this Court in State of Haryana and Ors. v. S.L. Arora & Co. (2010) 3 SCC 690, wherein it is held that an award of interest on interest from the date of award is not permissible Under Sub-section (7) of Section 31 of the Arbitration and Conciliation Act, 1996 (for short, "the Act, 1996"), is in consonance with earlier decisions of this Court. A two-Judge Bench of this Court, by the said reference order, is of the opinion that the present appeal and the connected matters would need to be heard by a Bench of three Judges of this Court.
2. By the referral order dated 13.03.2012, it is found that the learned Counsel for the Appellants therein would doubt the correctness of the decision in the S.L. Arora case (supra) in light of McDermott International INC v. Burn Standard Co. Ltd. and Ors. (2006) 11 SCC 181; Uttar Pradesh Cooperative Federation Limited v. Three Circles (2009) 10 SCC 374; Oil and Natural Gas Commission v
Uttar Pradesh Cooperative Federation Limited v. Three Circles (2009) 10 SCC 374;
State of U.P. v. Synthetics and Chemicals Ltd. (1991) 4 SCC 139;
Fuerst Day Lawson Ltd. v. Jindal Exports Ltd. (2001) 6 SCC 356;
Oil and Natural Gas Commission v. M.C. Clelland Engineers S.A. (1999) 4 SCC 327;
Sayeed Ahmed & Co. v. State of U.P. and Ors. (2009) 12 SCC 26;
N.S. Nayak & Sons v. State of Goa (2003) 6 SCC 56;
Darshan Singh Balwant Singh v. State of Punjab 1953 SCR 319;
Westminster Bank Ltd. v. Riches (1947) A.C. 390;
Bhai Jaspal Singh v. CCT (2011) 1 SCC 39;
Pratibha Processors v. Union of India (1996) 11 SCC 101;
H.P. Housing and Urban Development Authority v. Ranjit Singh Rana (2012) 4 SCC 505;
Union of India v. Tata Chemicals Ltd. (2014) 6 SCC 335;
Parkside Leasing Ltd. v. Smith (Inspector of Taxes) (1985) 1 WLR 310;
D & C Builders Ltd. v. Rees (1966) 2 Q.B. 617;
State of Haryana and Ors. v. S.L. Arora & Co. (2010) 3 SCC 690;
McDermott International INC v. Burn Standard Co. Ltd. and Ors. (2006) 11 SCC 181;
Central Bank of India v. Ravindra and Ors. (2002) 1 SCC 367;
Ganga Prasad Verma (Dr.) v. State of Bihar 1995 Supp (1) SCC 192;
Keshavji Ravji & Co. v. CIT (1990) 2 SCC 231;
Pakala Narayana Swami v. Emperor AIR 1939 PC 47;
T.N. State Electricity Board v. Central Electricity Regulatory Commission (2007) 7 SCC 636;
Emperor v. Benoarilal Sarma AIR 1945 PC 48;
Nasiruddin v. Sita Ram Agarwal (2003) 2 SCC 577;
Shop and Store Developments Ltd. v. I.R.C. (1967) 1 A.C. 472;
I.R.C. v. Bates (1965) I W.L.R. 1133;
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.