M/S Hyder Consulting(Uk) Ltd vs Governer State Of Orissa Tr.Chief Eng on 25 November, 2014
8. The decision of the Supreme Court in the case of Hyder Consulting
EX.P. 270/2015 Page 3 of 5
(UK) Ltd. (supra) has no application to the facts of this case. In that case,
the issue considered by the Supreme Court was whether the word 'sum'
under Section 31(7)(b) of the Act would also include pre-award interest. In
that context, the Supreme Court had explained that the word sum awarded as
referred to in Section 31(7)(a) of the Act would also include pre-award
interest and consequently post award interest under section 31(7)(b) of the
Act would also be payable on pre-award interest included in the sum
awarded. This decision is not an authority for the proposition that where the
arbitral tribunal had specifically awarded post-award interest on certain
amount, the court while enforcing the arbitral award, is empowered - by
virtue of the provisions of Section 31(7)(b) of the Act - to enhance the
amount on which the arbitral tribunal has awarded post award interest by
including therein pre-award interest.