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2006 Supreme(Pat) 845

NAVANITI PRASAD SINGH
M. B. Gharpuray Engineers & Contractors – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Heard the parties.

2. The writ application was filed by the petitioner for a direction to the respondent-Corporation (Bihar Bridge Construction Corporation) for payment of the entire amount as per the arbitral award alongwith statutory interest under Sec.31(7)(b) of the Arbitration and Conciliation Act, 1996 and certain other payments.

3. Heard Sri J.S. Arora for the petitioner, Sri Nadim Seraj for the Corporation and Sri Manoj Kumar Jha, J.C. to G.A. for the State.

4. At the very outset Sri Seraj, learned counsel appearing for the Corporation fairly stated that the arbitral award could not be escaped from and had to be implemented but the Corporation being in a great financial crisis payment could not be made earlier. In course of the proceedings the entire payment of the principal as mentioned in the Award as also for the additional work done was tendered in the Court and accepted by Mr. Arora on behalf of the petitioner. Now the question remains with regard to claim of interest in terms of Sec.31(7)(b). For considering the same it is relevant to quote Sec.31(7)(a) and (b) of the Arbitration and Conciliation Act, 1996.

"(7)(a) Unless otherwise agreed by the parties, wh








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