Supreme Court of India
Oil and Natural Gas Corporation Ltd. v. M/s G & T Beckfield Drilling Services Pvt. Ltd.
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What the Court ordered
We are of the view that arbitral tribunal can be denuded of its power to award pendente lite interest only if the agreement/ contract between the parties is so worded that the award of pendente lite interest is either explicitly or by necessary implication (such as in the case of Sayeed & Co. (supra) and THDC First (supra)) barred.
Judgment, page 14
From the headnote
Issue for Consideration Whether Clause 18.1 of the agreement proscribed payment of pendente lite interest on the sum awarded. Headnotes† Arbitration and Conciliation Act, 1996 – s.31(7)(b) – Award of interest pendente lite on the sum awarded – Award affirmed by High Court – Challenge to – Clause 18.1 of the agreement relied upon by the appellant to contend that the agreement between the parties proscribed grant of pendente-lite interest: Held: Arbitral tribunal can be denuded of its power to award pendente lite interest only if the agreement/contract between the parties is so worded that the
Authorities it was built on
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- 2019 Jaiprakash Associates Ltd. (jal) through its Director v. Tehri Hydro Development Corporation India Ltd.
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- 2016 Union of India v. M/s. Amblca Construction
- 2024 Pam Developments Private Limited v. The State of West Bengal & Anr.
- 2021 Garg Builders v. Bharat Heavy Electricals Limited
- 2024 R.P. Garg v. The Chief General Manager, Telecom Department & Ors.
- 2025 M/s Ferro Concrete Construction (india) Pvt. Ltd. v. The State of Rajasthan
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