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2017 Supreme(SC) 1689

JAGDISH SINGH KHEHAR, D. Y. CHANDRACHUD
Union of India – Appellant
Versus
Pradeep Vinod Construction Co. – Respondent


Advocates Appeared:
For the Appellant : A.K. Panda, Ms. Alka Aggarwal, Sachin Sharma, Raj Bahadur, D.S. Mahra
For the Respondent: T.V. Ratnam, M. Sowri Dev

ORDER :

1. Heard learned counsel for the rival parties.

2. The arbitral award dated 16.08.2005, which is a subject matter of consideration, awarded interest to the contractor on account of delayed payment. The orders which came to be passed during the course of the challenge to the above award dated 16.08.2005, clearly depict, that interest was not awarded by the arbitrators either on earnest money or on security deposit. Yet, it is sought to be asserted on behalf of the appellant, that the grant of interest in the arbitral award fell foul of two judgments rendered by this Court.

3. We may refer to the two judgments relied upon by the learned counsel for the appellant (to assail the impugned order passed by a Division Bench of the Delhi High Court on 03.04.2006 affirming the view taken by the learned Single Judge on 30.11.2005). In the first instance, reliance was placed on Union of India v. Bright Power Projects (India) Private Limited, (2015) 9 SCC 695. The dispute in the cited case has been summarised in paragraph 1 thereof, which is extracted below :

"Being aggrieved by the judgment delivered in Union of India v. Bright Power Projects (I)(P) Ltd. dated 7-8-2006, by the High Court o

























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