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november 2000

Supreme Court of India · 2000-11-30

M/S. Om Prakash Gita Devi & Co. & Ors. vs Food Corporation Of India

Citation / case number
2000(8)SCALE145
Court
Supreme Court of India
Petitioner
M/S. Om Prakash Gita Devi & Co. & Ors.
Respondent
Food Corporation Of India
Bench
S.S.M. Quadri, S.N. Phukan

Judgment text excerpt

The Supreme Court held that the Arbitrator had the authority to award interest under Section 3 of the Interest Act, 1978, and that the rate of interest awarded should reflect the commercial nature of the transaction. The Court found that the appellate court's reduction of the interest rate from 18% to 6% was unjustified, as the appellant incurred higher interest charges from the bank due to the premature termination of the lease. Consequently, the Court reinstated the original interest rate of 18% per annum awarded by the Arbitrator.

M/S. Om Prakash Gita Devi & Co. & Ors. vs Food Corporation Of India · Niyam