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1 - 10 of 11 (0.29 seconds)The Arbitration Act, 1940
Section 3 in The Interest Act, 1978 [Entire Act]
Section 34 in The Code of Civil Procedure, 1908 [Entire Act]
Section 5 in The Interest Act, 1978 [Entire Act]
Section 3 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 34 in The Arbitration And Conciliation Act, 1996 [Entire Act]
State Of Rajasthan & Anr vs M/S. Ferro Concrete Construction ... on 22 April, 2009
8. The respondent being aggrieved with this award filed objections under
Section34 of the Arbitration and Conciliation Act, 1996 (‗the said Act'
for short) being OMP No.646/2008. The OMP has been partly allowed
by the impugned order dated 29.02.2012 of the learned single Judge,
which is sought to be assailed by the appellant on the aspect that the
learned single Judge has interfered with the award. There is no appeal
by the respondent. The discussion on the question of award of pendente
lite and future interest is contained in para nos.21 to 25 of the impugned
judgment. The plea advanced on behalf of the Railways was that interest
on claim for damages could only be awarded in certain circumstances as
enunciated by the Supreme Court in State of Rajasthan v. Ferro Concrete
Construction Private Limited; (2009) 12 SCC 1. These circumstances
are set out in para 66 of the judgment.
The Arbitration And Conciliation Act, 1996
M/S.Sayeed Ahmed & Co vs State Of U.P. & Ors on 9 July, 2009
17.Insofar as future interest is concerned, once again the plea of the learned
senior counsel for the appellant finds support from the observations in
Sayeed Ahmed's case (supra) that once the rate of interest is contrary to
Section 31(7) (b) of the said Act, the court should not interfere with the
grant of interest unless the award of interest is found to be unwarranted
for the reasons to be recorded. There is certainly no such reasons
recorded by the learned single Judge and we find that no such reasons
exist why the future interest of 12 per cent per annum should be reduced
to 7.5 per cent per annum simple interest.