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2021 Supreme(Gau) 543

DEVASHIS BARUAH
Buildworth Pvt. Ltd. – Appellant
Versus
Bharat Heavy Electrical Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. D. Das.
For the Respondent: Ms. M. Bhattacharjee.

JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. D Das, the learned senior counsel appearing on behalf of the petitioner assisted by Mr. R Sarma. I have also heard Mr. D Mazumdar, learned senior counsel for the respondent.

2. All the four petitions before me question the common order dated 07.06.2018 and 09.10.2018 passed by the Court of District Judge, Kokrajhar in Money Execution Case No. 26/2015, Money Execution Case No. 27/2015, Money Execution Case No. 28/2015 and Money Execution Case No. 29/2015. The question involved in all these four petitions is regarding the entitlement of the petitioner for future interest for the period from the date of the award till realization, inasmuch as vide the order dated 09.10.2018, the Court below, which is the Executing Court had come to a finding that the petitioner would only be entitled to interest on the principal amount from the date of filing the claim petitions till 07.03.2006 (the date of the award) at the rate of 12% and the petitioner is not entitled to the benefit under Section 31(7) (b) of the Arbitration and Conciliation Act, 1996 (f

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