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JAGDISH SINGH KHEHAR, D. Y. CHANDRACHUD, SANJAY KISHAN KAUL
Ambica Construction – Appellant
Versus
Union of India – Respondent
ORDER :
The only issue that arises for consideration before this Court is, whether the claimant, i.e., the appellant before this Court - M/s Ambica Construction, could have been awarded interest pendente lite by the arbitrator. The arbitrator by his award dated 28.06.1999, besides awarding a sum of Rs.9,20,694/- to the claimant, held the claimant also entitled to interest pendente lite, at the rate of 15% per annum. The operative part of the award passed by the arbitrator depicting the above position is extracted below:
"I therefore award a sum of Rs.9,20,694.00 in favour of the claimant and against the respondent. The claimant will also be entitled to interest pendente lite at the rate of 15% per annum and interest on award until recovery at the rate of 15% per annum."
2. The Union of India, namely, the respondent before this Court, assailed the award passed by the arbitrator in the High Court of Calcutta, by preferring A.P. No. 39 of 1999. A learned Single Judge of the High Court, by an order dated 3.8.2001, affirmed the award passed by the arbitrator on 28.6.1999, including the pendente lite interest, extended to the claimant. The relevant portion of the order of the learned Single
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