Interlocutory Application No.4 of 2015 was
thereafter preferred by the appellant contending that the
decretal amount was withdrawn by the respondent in December
2012 whereas the appeal was allowed in favour of the appellant
on 24.4.2015 and that the respondent had reaped the benefits of
decretal amount for more than three years. It was submitted
that the Arbitral Tribunal had awarded interest @ 12% per annum
against the appellant and that the respondent be directed to pay
interest @ 12% per annum on the amount of Rs.70,65,039/- from
the date of withdrawal till the date of actual payment.
In the fitness of things, the appellant is
certainly entitled to interest at the same rate on the amount
which was enjoyed by the respondent. The entitlement of the
respondent to this amount stood negated by judgment and order
dated 24.04.2015 and as such the respondent must pay back the
amount with interest at the same rate.
Non-Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A. Nos. 4 & 5
IN
CIVIL APPEAL NO. 6158 OF 2013
NATIONAL HIGHWAYS AUTHORITY OF INDIA.
V
M/S NCC- KNR (JV).
Dated:January 19, 2016.
Citation:(2016) 13 SCC329
1. These Interlocutory Applications arise out of Civil Appeal
No.6158 of 2013 which was disposed of by this Court on
24.4.2015. While allowing said appeal preferred by National
Highways Authority of India, the appellant herein, it was directed
by this Court as under:-
“ In our view, the Arbitral Tribunal went beyond the
scope of the contract and it clearly exceeded its
jurisdiction. We, therefore, set aside the award insofar
as it allows Claim No. 8. Consequently, the appeal
stands allowed. At the interim stage, this Court had
directed the Appellant to deposit a sum of
Rs.70,65,039/- which upon deposit was withdrawn by
the Respondent on furnishing a bank guarantee. The
appellant is entitled to encash that bank guarantee to
recover the sum that was deposited. No order as to
costs.”
2. Soon thereafter Interlocutory Application No.3 of 2015 was
filed on behalf of the respondent, which was disposed of by this
Court by its order dated 8.5.2015, which order was to the
following effect:-
“Mr. Amit George, leaned counsel appearing for the
applicant-respondent shall pay to the petitioner,
National Highways Authority of India and, therefore,
the bank guarantee in question need not be encashed.
He undertakes that the respondent shall make the
payment to the applicant within four weeks from today.
The said amount shall be paid by way of a bank draft
drawn on a nationalized bank. If the amount is not paid
within the stipulated period, the bank guarantee shall
be encashed forthwith by the petitioner.
I.A. No. 3 of 2015 stands disposed of accordingly.”
3. Accordingly, the respondent made over the amount in
question within the time stipulated under the order dated
08.05.2015. Interlocutory Application No.4 of 2015 was
thereafter preferred by the appellant contending that the
decretal amount was withdrawn by the respondent in December
2012 whereas the appeal was allowed in favour of the appellant
on 24.4.2015 and that the respondent had reaped the benefits of
decretal amount for more than three years. It was submitted
that the Arbitral Tribunal had awarded interest @ 12% per annum
against the appellant and that the respondent be directed to pay
interest @ 12% per annum on the amount of Rs.70,65,039/- from
the date of withdrawal till the date of actual payment.
4. The appellant is right in its submission that the Arbitral
Tribunal in its award dated 09.01.2012 had awarded interest at
the rate of 12% per annum on amounts awarded under various
claims. Matter in issue in Civil Appeal No.6158 of 2013 pertained
only to Claim No.8. In the fitness of things, the appellant is
certainly entitled to interest at the same rate on the amount
which was enjoyed by the respondent. The entitlement of the
respondent to this amount stood negated by judgment and order
dated 24.04.2015 and as such the respondent must pay back the
amount with interest at the same rate.
5. We therefore, direct that the respondent shall pay interest
at the rate of 12% per annum on the amount in question namely
Rs.70,65,039/- from the date of withdrawal till the amount was
made over by the respondent to the appellant. Such payment
shall be made within six weeks from today. Interlocutory
Application Nos.4 and 5 stand disposed of accordingly.
……………………….J
(Dipak Misra)
..………………………J.
(Uday Umesh Lalit)
New Delhi
January 19, 2016
thereafter preferred by the appellant contending that the
decretal amount was withdrawn by the respondent in December
2012 whereas the appeal was allowed in favour of the appellant
on 24.4.2015 and that the respondent had reaped the benefits of
decretal amount for more than three years. It was submitted
that the Arbitral Tribunal had awarded interest @ 12% per annum
against the appellant and that the respondent be directed to pay
interest @ 12% per annum on the amount of Rs.70,65,039/- from
the date of withdrawal till the date of actual payment.
In the fitness of things, the appellant is
certainly entitled to interest at the same rate on the amount
which was enjoyed by the respondent. The entitlement of the
respondent to this amount stood negated by judgment and order
dated 24.04.2015 and as such the respondent must pay back the
amount with interest at the same rate.
Non-Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A. Nos. 4 & 5
IN
CIVIL APPEAL NO. 6158 OF 2013
NATIONAL HIGHWAYS AUTHORITY OF INDIA.
V
M/S NCC- KNR (JV).
Dated:January 19, 2016.
Citation:(2016) 13 SCC329
1. These Interlocutory Applications arise out of Civil Appeal
No.6158 of 2013 which was disposed of by this Court on
24.4.2015. While allowing said appeal preferred by National
Highways Authority of India, the appellant herein, it was directed
by this Court as under:-
“ In our view, the Arbitral Tribunal went beyond the
scope of the contract and it clearly exceeded its
jurisdiction. We, therefore, set aside the award insofar
as it allows Claim No. 8. Consequently, the appeal
stands allowed. At the interim stage, this Court had
directed the Appellant to deposit a sum of
Rs.70,65,039/- which upon deposit was withdrawn by
the Respondent on furnishing a bank guarantee. The
appellant is entitled to encash that bank guarantee to
recover the sum that was deposited. No order as to
costs.”
2. Soon thereafter Interlocutory Application No.3 of 2015 was
filed on behalf of the respondent, which was disposed of by this
Court by its order dated 8.5.2015, which order was to the
following effect:-
“Mr. Amit George, leaned counsel appearing for the
applicant-respondent shall pay to the petitioner,
National Highways Authority of India and, therefore,
the bank guarantee in question need not be encashed.
He undertakes that the respondent shall make the
payment to the applicant within four weeks from today.
The said amount shall be paid by way of a bank draft
drawn on a nationalized bank. If the amount is not paid
within the stipulated period, the bank guarantee shall
be encashed forthwith by the petitioner.
I.A. No. 3 of 2015 stands disposed of accordingly.”
3. Accordingly, the respondent made over the amount in
question within the time stipulated under the order dated
08.05.2015. Interlocutory Application No.4 of 2015 was
thereafter preferred by the appellant contending that the
decretal amount was withdrawn by the respondent in December
2012 whereas the appeal was allowed in favour of the appellant
on 24.4.2015 and that the respondent had reaped the benefits of
decretal amount for more than three years. It was submitted
that the Arbitral Tribunal had awarded interest @ 12% per annum
against the appellant and that the respondent be directed to pay
interest @ 12% per annum on the amount of Rs.70,65,039/- from
the date of withdrawal till the date of actual payment.
4. The appellant is right in its submission that the Arbitral
Tribunal in its award dated 09.01.2012 had awarded interest at
the rate of 12% per annum on amounts awarded under various
claims. Matter in issue in Civil Appeal No.6158 of 2013 pertained
only to Claim No.8. In the fitness of things, the appellant is
certainly entitled to interest at the same rate on the amount
which was enjoyed by the respondent. The entitlement of the
respondent to this amount stood negated by judgment and order
dated 24.04.2015 and as such the respondent must pay back the
amount with interest at the same rate.
5. We therefore, direct that the respondent shall pay interest
at the rate of 12% per annum on the amount in question namely
Rs.70,65,039/- from the date of withdrawal till the amount was
made over by the respondent to the appellant. Such payment
shall be made within six weeks from today. Interlocutory
Application Nos.4 and 5 stand disposed of accordingly.
……………………….J
(Dipak Misra)
..………………………J.
(Uday Umesh Lalit)
New Delhi
January 19, 2016
No comments:
Post a Comment