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1 - 5 of 5 (0.17 seconds)Section 30 in The Arbitration Act, 1940 [Entire Act]
Section 33 in The Arbitration Act, 1940 [Entire Act]
Executive Engineer, Dhankanal Minor ... vs N.C. Budhiraj (Dead) By Lrs. on 29 October, 1999
One of the objections raised on behalf of the petitioners to the
Award was that interest of the pre-reference period could not have been
awarded. However, in view of judgment of Hon'ble Apex Court in the case
of Executive Engineer, Dhenkanal Minor Irrigation Division vs.
N. C. Budhraj (Deceased) by LRs reported as 2001 (1) RCR (Civil) 613
(SC), as followed by Hon'ble Supreme Court in the case of Bhagawati
Oxygen Ltd. vs. Hindustan Copper Ltd. reported as 2005 (2) RCR
(Civil) 559, Arbitrator has power to grant interest for pre-reference period
provided there is no prohibition in the arbitration agreement excluding the
same. In view thereof, learned State counsel for the petitioners does not
press the said objection on behalf of the petitioners.
Bhagawati Oxygen Ltd vs Hindustan Coper Ltd on 5 April, 2005
One of the objections raised on behalf of the petitioners to the
Award was that interest of the pre-reference period could not have been
awarded. However, in view of judgment of Hon'ble Apex Court in the case
of Executive Engineer, Dhenkanal Minor Irrigation Division vs.
N. C. Budhraj (Deceased) by LRs reported as 2001 (1) RCR (Civil) 613
(SC), as followed by Hon'ble Supreme Court in the case of Bhagawati
Oxygen Ltd. vs. Hindustan Copper Ltd. reported as 2005 (2) RCR
(Civil) 559, Arbitrator has power to grant interest for pre-reference period
provided there is no prohibition in the arbitration agreement excluding the
same. In view thereof, learned State counsel for the petitioners does not
press the said objection on behalf of the petitioners.
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