Supreme Court of India
Garg Builders v. Bharat Heavy Electricals Limited
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.
1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the considered opinion that Clause 17 of the contract is not ultra vires in terms of Section 28 of the Indian Contract Act, 1872.
Judgment, page 9
From the headnote
Arbitration and Conciliation Act, 1996: s.31(7)(a) – Pendente lite interest on the award amount – Interest barring c lause in the contract – Claim for pre-reference pendente lite and future interest – Held: It is clear from s.31(7)(a) that if the contract pr ohibits pre- reference and pendente lite interest, the arbitrato r cannot award interest for the said period – In the instant case, clause barring interest is very clear and categorical – It uses the e xpression “any moneys due to the contractor” by the employer – Therefore, it is not open for the arbitrator to grant pendente lite inter
Authorities it was built on
Where later benches applied it
Of those, 1 referred to
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