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july 2011

Supreme Court of India · 2011-07-12

UNION OF INDIA vs M/S.KRAFTERS ENGINEERING & LEASING P.LTD

Citation / case number
SC 2006/18290
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
M/S.KRAFTERS ENGINEERING & LEASING P.LTD
Author
P. Sathasivam
Bench
P. SATHASIVAM,A.K. PATNAIK, , ,

Judgment text excerpt

The Supreme Court addressed the issue of whether an arbitrator has the jurisdiction to grant interest despite a contractual prohibition against it, as stated in clause 1.15 of the General Conditions of the Contract. The Court held that the arbitrator does possess the authority to award interest, referencing precedents such as Board of Trustees for the Port of Calcutta vs. Engineers-De-Space-Age and Madnani Construction Corporation Private Limited vs. Union of India. Consequently, the appeal by the Union of India was dismissed, affirming the arbitrator's award of interest.

UNION OF INDIA vs M/S.KRAFTERS ENGINEERING & LEASING P.LTD · Niyam