Supreme Court of India

Union of India v. M/s. Amblca Construction

Neutral citation
Reported as [2016] 2 S.C.R. 810
Bench Ranjan Gogoi, Arun Mishra and Prafulla C. Pant JJ.
Decided 16 March 2016

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the decisions in Engineers-De-Space­ Age (supra) and Madnani (supra) are inapplicable for yet another UNION OF INDIA v.

Judgment, page 19

From the headnote

Arbitration Act,19./0: ss.3, 31 - Puwer of arbitrator to award pendente lite interest in case contract bars the same - Held: If contract expressly bars award of interest pendente lite, the same cannot be awarded by the Arbitrator -· Bar to award interest on delayed payment by itself will not be readily inferred as express bar to award interest pendente lite by the Arbitrator as ouster. of power of Arbitrator has to be considered on various relevant aspects - The award of pendente lite interest inter alia must depend upon the overall intention of the agreement and what is expressly excluded.

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