Supreme Court of India · 1997-01-29
STATE OF ORISSA vs B.N. AGARWALLA ETC.
- Citation / case number
- SC 1997/62064
- Court
- Supreme Court of India
- Petitioner
- STATE OF ORISSA
- Respondent
- B.N. AGARWALLA ETC.
- Author
- KIRPAL
- Bench
- A.M. AHMADI,S.P. BHARUCHA,B.N. KIRPAL
Judgment text excerpt
The Supreme Court addressed the power of an arbitrator to award interest, specifically for pre-reference, pendente lite, and post-award periods. The Court clarified that the earlier ruling in Executive Engineer vs. Abhaduta Jena, which restricted the arbitrator's power to award pre-reference interest, was overruled by the Constitution Bench in Secretary, Irrigation Department vs. G.C. Roy, establishing that arbitrators can award interest for all three periods. The Court held that the arbitrator has the jurisdiction to award interest as per the provisions of the law and the terms of the contract.