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1982 Supreme(Del) 49
High Court Of Delhi
V.K.MADHOK - Appellant
Versus
UNION OF INDIA - Respondent
First Appeal Order 68 of 1980
Decided On : 02/25/1982
Subject
Arbitration Law - INTEREST PENDENTE LITE
Act Referred
ARBITRATION ACT : S.34(1), S.15, S.30
CIVIL PROCEDURE CODE : S.34
CIVIL PROCEDURE CODE : S.34
Headnote
(A) Arbitration Act. 1940 - Sections 15 and 30. — Award of interest Pendente lite is entirely discretionary with the Arbitrator. The court ought not interfere with the arbitrators discretion.
(B) Arbitration Act, 1940 - Section 34(1) Code of Civil Procedure.
Section 34, code of Civil Procedure does not apply to arbitration. Neither its provision nor Explanationns have any application to awards. The power to order interest on award from the date of the decree to payment is regulated by Section 29 of the Act and not by Section 34, Code of Civil Procedure.
Advocates Appeared:
A.B.SAHARIA, D.P.VADHAVA, MADAN LOKUR
A.B.SAHARIA, D.P.VADHAVA, MADAN LOKUR
( 1 ) AWARD of interest Pendente lite is entirely discretionary with the Arbitrator. The court ought not interfere with the arbitrator s discretion.
