MOUSHUMI BHATTACHARYA
Amiya Steel Private Limited – Appellant
Versus
Steel Authority of India Limited – Respondent
JUDGMENT :
Moushumi Bhattacharya, J.
1. The award-holder has filed this application in its execution proceeding pertaining to an Award dated 30th September, 2008. By the impugned Award, the award-debtor was held liable for a sum of Rs.3,87,73,200/- on account of the award-holder’s loss of profit. The learned Arbitrator also awarded costs assessed at Rs.4 lakhs in favour of the award-holder. The Award has now fructified into a decree of the Court and the award-holder says that the award-debtor should be directed to pay interest on the Award at 18% per annum till the date of payment.
2. Learned counsel appearing for the award-holder submits that the rate of interest would be 18% taking into account the position before the Amendment of 2016 which came into effect from 23.10.2015. Counsel also places paragraph 15.12 of the Award to say that the interest at 18% would start accruing if the award-debtor failed to pay the awarded sum within a reasonable period. Counsel submits that the award-holder construed this reasonable period from 1st February, 2009 and accordingly seeks interest at 18% on the awarded amount from 1st February, 2009.
3. Learned counsel appearing for the award-debtor submit
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Setting aside arbitral award – Illegality must go to root of matter and cannot be of a trivial nature.
Arbitral Tribunal's power to grant interest for the period post award till realization is subject to the discretion only in respect to the rate as it is the mandate of the law to grant such interest ....
The main legal point established is that interest on the interest component and the interest rate should be determined in accordance with the statutory provisions of the Arbitration and Conciliation ....
The Arbitral Award holds primacy in determining post-award interest, and interest on costs is to be granted by the Arbitral Tribunal.
The court emphasized the importance of substantiating claims regarding the excessiveness of interest rates and the need to provide evidence of prevailing interest rates when challenging arbitration a....
The Arbitral Tribunal's authority to award interest is governed by the arbitration agreement, with specific provisions for pre-award and post-award interest under the Arbitration Act.
Arbitral Awards prevail over statutory default provisions regarding interest unless explicitly stated otherwise in the Award.
Arbitral awards inherently carry a statutory interest rate of 18% for post-award periods, ensuring prompt compliance regardless of parties' prior decisions.
Post award interest – Granting post-award interest is not subject to contract between parties – Rate of interest can be provided by Arbitrator and in default statutory prescription will apply.
Arbitrator has discretion to grant post-award interest – If Arbitrator does not grant post-award interest, award holder is entitled to post-award interest at eighteen percent.
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