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february 2019

Supreme Court of India · 2019-02-07

Jaiprakash Associates Ltd. ... vs Tehri Hydro Development Corporation ...

Citation / case number
AIR 2019 SUPREME COURT 5006
Court
Supreme Court of India
Petitioner
Jaiprakash Associates Ltd. ...
Respondent
Tehri Hydro Development Corporation ...
Author
A.K. Sikri
Bench
M. R. Shah, S. Abdul Nazeer, A.K. Sikri

Judgment text excerpt

The Supreme Court addressed the issue of whether arbitrators could award interest under the Arbitration and Conciliation Act, 1996, in light of Clauses 50 and 51 of the General Conditions of Contract, which explicitly bar interest on dues. The Court held that despite these clauses, the arbitrators have the authority to grant interest if the agreement does not prohibit it, referencing the precedent set in Board of Trustees for the Port of Calcutta v. Engineers-De-Space-Age. The Court ultimately overturned the High Court's decision that denied interest, affirming the arbitrators' award of interest as valid under the law.

Jaiprakash Associates Ltd. ... vs Tehri Hydro Development Corporation ... · Niyam