No claim for interest or damage will be entertained or be payable by the corporation in respect of any amount or balance which may be lying with the corporation owing to any dispute, different or misunderstanding between the parties or in respect of any delay or omission on the part of the Engineer in charge in making intermediate or final payments on in any other respect whatsoever."

4. Para 24 of the award penned by the majority would reveal that the learned Arbitrators have relied upon the law declared by the Supreme Court in the decision reported as (1996) 1 SCC 516 Board of Trustees for the Port of Calcutta v. Engineers-De-Space-Age, and before the learned Single Judge the appellant had principally relied upon the decision of the Supreme Court reported as (1999)1 SCC 63 State of U.P. v. Harish Chandra and Co. and the respondent had sought to urge that the decision in Engineers-De-Space-Age's (supra) pronounced by the Supreme Court was distinguished in various decisions reported as (2009) 12 SCC 26 Sayeed Ahmed & Co. v. State of U.P.; (2009) 16 SCC 504 UOI v. Saraswati Trading Agency; 2010(8) SCC 767 Sree Kamatchi Amman Constructions v. Divisional Railway Manager (Works), Palgat; and (2011)7 SCC 279 UOI v. Krafters Engineering & Leasing Pvt. Ltd.

5. Noting that whereas there could be a debate under the Arbitration Act 1940 with respect to the powers of the Arbitrators to award pendente lite interest notwithstanding the contract prohibiting grant of interest, with reference to Sub Section 7 of Section 31 of the Arbitration and Conciliation Act, 1996, the learned Single Judge has found no scope for any debate, and on the premise that if a contract prohibits grant of interest with respect to any claim, the Arbitrator(s) cannot order payment of pendente lite or future interest. Thus holding, the learned Single Judge has proceeded to consider the two clauses to ascertain whether the two clauses prohibit interest to be paid on the two claims allowed.

6. Construing Clause 50 as referable to only ascertainable sums, the learned Single Judge has referred to the phrases `interest upon any guarantee' and `payments in arrears' to conclude that these phrases clearly contemplate `ascertained' sums.

7. Thereafter, the l