EXECUTIVE ENGINEER (R AND B) AND OTHERSversusGOKUL CHANDRA KANUNGO (DEAD) THR. HIS LRS.
- Citation
- 2022 INSC 1043
- Decided
- 30 September 2022
- Disposal
- Case Partly allowed
Holding
Section 31(7)(a) vests discretion to award interest at a reasonable rate, but requires the tribunal to give reasons; where the tribunal fails to do so and the respondent’s own delay precludes entitlement, the Court may, under Article 142, reduce the interest rate to a reasonable level.
Summary
The appellants, contractors, obtained an arbitral award that granted them a sum of money plus interest at 18% per annum for the pre‑reference, pendente lite and post‑award periods. The arbitrator did not provide any reasons for fixing the rate of interest. The respondents had remained silent for long periods (1977‑1989 and 1990‑2000), thereby causing delay in initiating arbitration. The appellants challenged the award, arguing that Section 31(7)(a) of the Arbitration and Conciliation Act, 1996 requires the tribunal to give reasons for the interest rate and that the respondents should not receive interest for the periods of their own inaction. The Supreme Court held that the discretion to award interest must be exercised with reasoned findings, and where the tribunal fails to do so and the respondent’s delay bars entitlement, the Court may, under Article 142, reduce the interest rate. Consequently, the appeal was partly allowed: interest was denied for the two silent periods and reduced to 9% per annum for the remaining periods, with the execution court directed to calculate the final amount.
Issues considered
- Whether Section 31(7)(a) of the Arbitration and Conciliation Act, 1996 obliges an arbitral tribunal to give reasons for the rate of interest awarded.
- Whether the respondent is entitled to interest for periods during which he remained silent and delayed the arbitration proceedings.
- Whether the Supreme Court can, under Article 142 of the Constitution, reduce the rate of interest awarded by an arbitral tribunal.
- Whether an interest rate of 18% per annum is unreasonable and liable to be modified.
Legislation cited
- Arbitration and Conciliation Act, 1996s. 11, s. 31(7)(a), s. 34, s. 37
- Constitution of Indias. 142
Subjects
Judgment
[2022] 7 S.C.R. 309 309
EXECUTIVE ENGINEER (R AND B) AND OTHERS A
v.
GOKUL CHANDRA KANUNGO (DEAD) THR. HIS LRS.
(Civil Appeal No. 8990 of 2017)
SEPTEMBER 30, 2022 B
[B. R. GAVAI AND B. V. NAGARATHNA, JJ.]
Arbitration and Conciliation Act, 1996 – s.31(7)(a) – Arbitral
award – Interest on arbitral awards – Discretion vested in arbitral
tribunal – Reduction of interest u/Art.142 of the Constitution – Held:
C
s.31(7)(a) itself requires interest to be at such rate as the arbitral
tribunal deems reasonable – When a discretion is vested to an arbitral
tribunal to award interest at a rate which it deems reasonable, then
a duty would be cast upon the arbitral tribunal to give reasons as
to how it deems the rate of interest to be reasonable – Further, the
arbitral tribunal would be required to apply its mind to the facts of D
the case and decide as to whether the interest is payable on whole
or any part of the money and also as to whether it is to be awarded
to the whole or any part of the period between the date on which
the cause of action arose and the date on which the award is made
– In the present case, the very conduct of respondent of remaining
E
silent for a long period disentitled him for interest during such period
– A party cannot be permitted to derive benefits from its own lapses
– Insofar as rate of interest is concerned, in the present case, the
Arbitrator, without assigning any reasons, awarded interest at the
rate of 18% p.a. for the period during which the proceedings were
pending and also at the same rate after the award was made till the F
actual payment – Taking into consideration the conduct of the
respondent in delaying proceedings at every stage which led to long
pendency of the dispute, interest at all the three stages, that is pre-
reference period, pendent-lite and post-award period, reduced to
9% p.a. u/Art.142 of the Constitution – Constitution of India –
G
Art.142.
Partly allowing the appeal, the Court
HELD: 1. A perusal of clause (a) of subsection (7) of Section
31 of the Arbitration and Conciliation Act, 1996 would reveal that,
no doubt, a discretion is vested in the arbitral tribunal to include H
309
310 SUPREME COURT REPORTS [2022] 7 S.C.R.
A in the sum for which the award is made interest, on the whole or
any part of the money, for the whole or any part of the period
between the date on which the cause of action arose and the date
on which the award is made. However, it would reveal that the
section itself requires interest to be at such rate as the arbitral
tribunal deems reasonable. When a discretion is vested to an
B
arbitral tribunal to award interest at a rate which it deems
reasonable, then a duty would be cast upon the arbitral tribunal
to give reasons as to how it deems the rate of interest to be
reasonable. Further, the arbitral tribunal would be required to
apply its mind to the facts of the case and decide as to whether
C the interest is payable on whole or any part of the money and also
as to whether it is to be awarded to the whole or any part of the
period between the date on which the cause of action arose and
the date on which the award is made. [Para 10][315-B-F]
2. In the present case, the Arbitrator, without assigning
D any reasons, has awarded interest at the rate of 18% per annum
for the period during which the proceedings were pending and
also at the same rate after the award was made till the actual
payment. [Para 11][315-F-G]
3. The very conduct of the respondent of remaining silent
E for a long period from August 30, 1997 till July 25, 1989 would
disentitle him for the interest during the said period. Similarly,
though a decree was passed on 14th February 1990 and the
respondent was directed to file the original agreement, he took
no step till 4th February 2000. In the meantime, the 1996 Act
came into force. Thereafter, the respondent filed an application
F in the disposed of suit which came to be dismissed on 4th February
2000. Thereafter, he moved an application before the High Court
for appointment of arbitrator under Section 11 of the 1996 Act
which came to be allowed on 15th October 2001. It could thus be
seen that for a period of almost ten years, the respondent was
G again in silent mode. Had he filed the original agreement
immediately after the decree was passed on 14th February 1990,
the arbitration proceedings would have commenced and concluded
immediately thereafter. As such, the Arbitrator was not justified
in awarding interest for the period from 14th February 1990 to
H
EXECUTIVE ENGINEER (R AND B) AND OTHERS v. GOKUL CHANDRA 311
KANUNGO (DEAD) THR. HIS LRS.
4th February 2000. A party cannot be permitted to derive benefits A
from its own lapses. Further, though after the commencement of
the 1996 Act, the respondent could not have moved an application
in the disposed suit, he chose to do so and only after dismissal of
the said application on the ground of lack of jurisdiction, did he
move an application for appointment of an arbitrator under Section
B
11 of the 1996 Act before the High Court, which was allowed on
15th October 2001. Therefore the respondent would not be
entitled for interest for the period from 14th February 1990 to
15th October 2001. [Paras 12, 13 and 14][316-A-F]
4. Present case is a fit case wherein this Court needs to
exercise its powers under Article 142 of the Constitution of India C
to reduce the rate of interest. Taking into consideration the
conduct of the respondent in delaying the proceedings at every
stage which led to a long pendency of the dispute, though it will
not be in the interest of justice to interfere with the principal
award, this is a fit case wherein the interest at all the three stages, D
that is pre-reference period, pendente lite and post-award period,
requires to be reduced. As a result, the respondent would not be
entitled to any interest for the period between 30th August 1977
and 25th July 1989 and for the period between 14th February
1990 and 4th February 2000. In respect of the remaining period
at all the three stages, that is pre-reference period, pendente lite E
and post-award period, the respondent would be entitled to
interest at the rate of 9% per annum. [Paras 20 and 21][319-D-
G]
Rajendra Construction Co. v. Maharashtra Housing &
Area Development Authority and Others (2005) 6 SCC F
678 : [2005] 2 Suppl. SCR 582; Krishna Bhagya Jala
Nigam Ltd. v. G. Harischandra Reddy and Another
(2007) 2 SCC 720 : [2007] 1 SCR 698; and Mcdermott
International Inc. v. Burn Standard Co. Ltd. and Others
(2006) 11 SCC 181 : [2006] 2 Suppl. SCR 409 – relied G
on.
Hyder Consulting (UK) Limited v. Governor, State of
Orissa Through Chief Engineer (2015) 2 SCC 189 :
[2014] 14 SCR 1029; Delhi Airport Metro Express
H
312 SUPREME COURT REPORTS [2022] 7 S.C.R.
A Private Limited v. Delhi Metro Rail Corporation (2022)
SCC OnLine SC 549 – referred to.
Case Law Reference
[2005] 2 Suppl. SCR 582 relied on Para 7
[2007] 1 SCR 698 relied on Para 7
B
[2006] 2 Suppl. SCR 409 relied on Para 7
[2014] 14 SCR 1029 referred to Para 10
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 8990
of 2017.
C From the Judgment and Orders dated 18.04.2012 of the High
Court of Orissa at Cuttack in ARBA No.25 of 2007.
Sibo Sankar Mishra, Debabrata Dash, Niranjan Sahu, Umakant
Mishra, Advs. for the Appellants.
Ashok Panigrahi, Nabab Singh, Ms. Nikita Jaydevan,
D
Ms. Geetanjali Das Krishnan, Advs. for the Respondents.
The Judgment of the Court was delivered by
B. R. GAVAI, J.
1. The appellants have challenged the judgment dated 18 th April
E 2012 passed by the learned Single Judge of the High Court of Orissa in
Arbitration Appeal No. 25 of 2007, thereby dismissing the appeal filed
by the appellants.
2. The facts in brief giving rise to the present appeal are as under:
The respondent was awarded the contract for construction of 3
F kilometers missing link on NH-6 from Kanjipani to Kuntala on
16th December 1971. The work was to be completed within one year
that is before 15 th December 1972. The contract amount was
Rs.4,59,330/-. However, the work could not be completed by the stipulated
date and it was completed only on 30th August 1977, by which date, the
G respondent was already paid an amount of Rs.3,36,465/-.
3. The respondent, on 25th July 1989, issued a notice to the appellant
regarding his claim. The said notice was replied to by the appellant on
10 th August 1989 stating therein that, as against the claim of
Rs.3,34,744/-, the respondent had been paid an amount of
The respondent thereafter filed a suit being O.S. No. 206 of 1989
H
EXECUTIVE ENGINEER (R AND B) AND OTHERS v. GOKUL CHANDRA 313
KANUNGO (DEAD) THR. HIS LRS. [B. R. GAVAI, J.]
before the Court of Civil Judge (Senior Division), Bhubaneswar A
(hereinafter referred to as the “trial court”) under Section 20 of the
Arbitration Act, 1940 (for short, “the 1940 Act”) seeking reference of
the dispute to arbitration. By order of the trial court dated 14th February
1990, the suit was decreed in favour of the respondent and he was
directed to file the original F-2 agreement in the court for referring the
B
dispute to arbitration. However, the respondent did not file the original
F-2 agreement as directed. In the meantime, the 1940 Act was repealed
and the Arbitration and Conciliation Act, 1996 (for short, “the 1996 Act”)
came into force.
4. The respondent thereafter filed an application in the disposed
of suit before the trial court, praying for appointment of an arbitrator C
under the provisions of the 1996 Act. The same was rejected by the trial
court vide order dated 4th February 2000 for lack of jurisdiction. The
respondent thereafter moved an application being MJC No. 36 of 2000
under Section 11 of the 1996 Act before the High Court for appointment
of an arbitrator. The learned Single Judge of the High Court, vide order D
dated 15th October 2001, allowed the said application and appointed Shri
S.K. Mohanty, former Judge of the same High Court as the Arbitrator.
5. On 15 th March 2002, the respondent filed his claim of
Rs.1,45,28,198/- under 15 heads of claim and demanded 19.5% interest
from 1st April 1976 to 15th March 2002. The learned Arbitrator, vide E
award dated 24th August 2004, awarded a sum of Rs.9,20,650/- in respect
of head Nos. 1 to 14. The learned Arbitrator also awarded interest
pendente lite with effect from 1st April 1976 to the date of the award at
the rate of 18% per annum which came to Rs. 46,90,000/-. The learned
Arbitrator further directed the future interest to be paid at the rate of
18% per annum on the total of the aforesaid two amounts till actual F
payment. Being aggrieved thereby, the appellants filed a petition being
Arbitration Petition No. 153 of 2004 before the Court of District Judge,
Cuttack under Section 34 of the 1996 Act for setting aside the award.
The same was rejected by an order dated 25th July 2007. Being aggrieved
thereby, the appellants filed an appeal under Section 37 of the 1996 Act G
before the High Court. The same was also dismissed vide the impugned
judgment. Being aggrieved thereby, the present appeal.
6. We have heard Shri Sibo Sankar Mishra, learned counsel
appearing on behalf of the appellants and Shri Ashok Panigrahi, learned
counsel appearing on behalf of the respondents.
H
314 SUPREME COURT REPORTS [2022] 7 S.C.R.
A 7. Shri Mishra submitted that the learned Arbitrator has grossly
erred in awarding interest for the period from 1977 to 1989 inasmuch as
the respondent was in deep slumber for a period of twelve years and did
not take any step for raising his claim. It is further submitted that the
learned Arbitrator has also erred in awarding interest for the period from
the year 1990 to 2000 inasmuch as, though vide decree dated 14th February
B
1990, the respondent was directed to file the original F-2 agreement for
referring the dispute to arbitration, the respondent did nothing in that
regard. It is further submitted that the interest awarded at the rate of
18% per annum is totally unreasonable. It is submitted that the interest
amount of Rs.46,90,000/- is almost five times that of the main award
C amount of Rs.9,20,650/-. He relies on the judgment of this Court in the
cases of Rajendra Construction Co. v. Maharashtra Housing & Area
Development Authority and Others1, Krishna Bhagya Jala Nigam
Ltd. v. G. Harischandra Reddy and Another 2 and Mcdermott
International Inc. v. Burn Standard Co. Ltd. and Others3 in support
of the proposition that the exorbitant amount of interest awarded by the
D
Arbitrator and upheld by the learned Single Judge of the High Court
would be contrary to the interest of justice.
8. Shri Panigrahi, on the contrary, submitted that there is no reason
to interfere with the rate of interest awarded by the learned Arbitrator,
which has been concurrently upheld by the District Judge as well as the
E High Court. He submitted that in view of the provisions of sub-section
(7) of Section 31 of the 1996 Act, which has been construed by a three-
Judges Bench of this Court in the case of Hyder Consulting (UK)
Limited v. Governor, State of Orissa Through Chief Engineer4, no
interference would be warranted in the present case.
F 9. Section 31(7)(a) of the 1996 Act reads as under:
“31. Form and contents of arbitral award.
…………………
(7)(a) Unless otherwise agreed by the parties, where and in so
G far as an arbitral award is for the payment of money, the arbitral
tribunal may include in the sum for which the award is made
1
(2005) 6 SCC 678
2
(2007) 2 SCC 720
3
(2006) 11 SCC 181
H 4
(2015) 2 SCC 189
EXECUTIVE ENGINEER (R AND B) AND OTHERS v. GOKUL CHANDRA 315
KANUNGO (DEAD) THR. HIS LRS. [B. R. GAVAI, J.]
interest, at such rate as it deems reasonable, on the whole or any A
part of the money, for the whole or any part of the period between
the date on which the cause of action arose and the date on which
the award is made.”
10. The provisions of Section 31(7)(a) of the 1996 Act fell for
consideration before this Court in many cases including in the cases of B
Hyder Consulting (UK) Limited (supra) and Delhi Airport Metro
Express Private Limited v. Delhi Metro Rail Corporation5. A perusal
of clause (a) of sub-section (7) of Section 31 of the 1996 Act would
reveal that, no doubt, a discretion is vested in the arbitral tribunal to
include in the sum for which the award is made interest, on the whole or
any part of the money, for the whole or any part of the period between C
the date on which the cause of action arose and the date on which the
award is made. However, it would reveal that the section itself requires
interest to be at such rate as the arbitral tribunal deems reasonable.
When a discretion is vested to an arbitral tribunal to award interest at a
rate which it deems reasonable, then a duty would be cast upon the D
arbitral tribunal to give reasons as to how it deems the rate of interest to
be reasonable. It could further be seen that the arbitral tribunal has also
a discretion to award interest on the whole or any part of the money or
for the whole or any part of the period between the date of cause of
action and the date on which the award is made. When the arbitral
tribunal is empowered with such a discretion, the arbitral tribunal would E
be required to apply its mind to the facts of the case and decide as to
whether the interest is payable on whole or any part of the money and
also as to whether it is to be awarded to the whole or any part of the
period between the date on which the cause of action arose and the date
on which the award is made. F
11. A perusal of the award as also the judgment and order of the
District Judge as well as the High Court would reveal that no such exercise
has been done. The learned Arbitrator, without assigning any reasons,
has awarded the interest at the rate of 18% per annum for the period
during which the proceedings were pending and also at the same rate G
after the award was made till the actual payment.
12. The undisputed position is that though final measurement was
done on 30st August 1977, for a period of twelve years, i.e., till 25th July
5
2022 SCC OnLine SC 549 H
316 SUPREME COURT REPORTS [2022] 7 S.C.R.
A 1989, the respondent did not take any step to raise his claim. It is only on
that date, i.e., 25th July 1989, the respondent issued a notice to the
appellants regarding his claim. As such, the very conduct of the
respondent for remaining silent for such a long period would disentitle
him for the interest during the said period.
B 13. Similarly, though a decree was passed on 14th February 1990
and the respondent was directed to file the original agreement, he took
no step till 4th February 2000. In the meantime, the 1996 Act came into
force. Thereafter, the respondent filed an application in the disposed of
suit which came to be dismissed on 4th February 2000. Thereafter, he
moved an application being MJC No. 36 of 2000 before the High Court
C for appointment of arbitrator under Section 11 of the 1996 Act which
came to be allowed on 15th October 2001. It could thus be seen that for
a period of almost ten years, the respondent was again in silent mode.
Had he filed the original agreement immediately after the decree was
passed on 14th February 1990, the arbitration proceedings would have
D commenced and concluded immediately thereafter. As such, the learned
Arbitrator was not justified in awarding interest for the period from
14th February 1990 to 4th February 2000. A party cannot be permitted to
derive benefits from its own lapses.
14. It is further to be noted that, though after the commencement
E of the 1996 Act, the respondent could not have moved an application in
the disposed suit, he chose to do so and only after dismissal of the said
application on the ground of lack of jurisdiction, did he move an application
for appointment of an arbitrator under Section 11 of the 1996 Act before
the High Court, which was allowed on 15th October 2001. We therefore
find that the respondent would not be entitled for interest for the period
F from 14th February 1990 to 15th October 2001.
15. That leaves us with the rate of interest awarded by the learned
Arbitrator which has been upheld by the District Judge and the High
Court. It will be apposite to refer to the following observations of this
Court in the case of Rajendra Construction Co. (supra):
G
“30. The question then remains as to interest. The appellant had
claimed interest in the suits. The arbitrator awarded interest at
the rate of 18 per cent per annum on the principal amount from
the date of the suits to the date of awards and also from the date
of the awards to the date of payment or up to the date of decrees,
H
EXECUTIVE ENGINEER (R AND B) AND OTHERS v. GOKUL CHANDRA 317
KANUNGO (DEAD) THR. HIS LRS. [B. R. GAVAI, J.]
“whichever is earlier”. This Court has dealt with the power of the A
arbitrator to award interest for (i) pre-reference period (Executive
Engineer, Dhenkanal Minor Irrigation Division v. N.C.
Budharaj [(2001) 2 SCC 721] ); (ii) pendente lite (Secy.,
Irrigation Deptt., Govt. of Orissa v. G.C. Roy [(1992) 1 SCC
508] ); and (iii) post-award period (Hindustan Construction Co.
B
Ltd. v. State of J&K [(1992) 4 SCC 217] ). In Bhagawati Oxygen
Ltd. v. Hindustan Copper Ltd. [(2005) 6 SCC 462 : AIR 2005
SC 2071 : JT (2005) 4 SC 73] , one of us (C.K. Thakker, J.) had
an occasion to consider the relevant decisions on the power of
the arbitrator to award interest at all the three stages. It was held
that the arbitrator had power to award interest. Keeping in view C
the facts and circumstances of the present case that the contract
was entered into in 1987, the work was completed in 1990 after
extension granted by MHADA and the arbitrator passed awards
in 1995, it would be proper, equitable and in the interest of justice
if we reduce the rate of interest to 10 per cent per annum.”
D
16. This Court, after referring to the earlier decisions on the power
of the Arbitrator to award interest at all the three stages that is pre-
reference period, pendente lite and post award period, found that, in
the facts and circumstances of the said case, it would be proper, equitable
and in the interest of justice to reduce the rate of interest to 10% from
18% per annum. E
17. This Court, in the case of Mcdermott International Inc., has
observed thus:
“154. The power of the arbitrator to award interest for pre-award
period, interest pendente lite and interest post-award period is not F
in dispute. Section 31(7)(a) provides that the Arbitral Tribunal
may award interest, at such rate as it deems reasonable, on the
whole or any part of the money, for the whole or any part of the
period between the date on which the cause of action arose and
the date on which award is made i.e. pre-award period. This,
however, is subject to the agreement as regards the rate of interest G
on unpaid sums between the parties. The question as to whether
interest would be paid on the whole or part of the amount or
whether it should be awarded in the pre-award period would
depend upon the facts and circumstances of each case. The
Arbitral Tribunal in this behalf will have to exercise its discretion H
318 SUPREME COURT REPORTS [2022] 7 S.C.R.
A as regards (i) at what rate interest should be awarded; (ii) whether
interest should be awarded on the whole or part of the award
money; and (iii) whether interest should be awarded for the whole
or any part of the pre-award period.
155. The 1996 Act provides for award of 18% interest. The
B arbitrator in his wisdom has granted 10% interest both for the
principal amount as also for the interim. By reason of the award,
interest was awarded on the principal amount. An interest thereon
was up to the date of award as also the future interest at the rate
of 18% per annum.
C 156. However, in some cases, this Court has resorted to exercise
of its jurisdiction under Article 142 in order to do complete justice
between the parties.
157. In Pure Helium India (P) Ltd. [(2003) 8 SCC 593] this Court
upheld the arbitration award for payment of money with interest
D at the rate of 18% p.a. by the respondent to the appellant. However,
having regard to the long lapse of time, if award is satisfied in
entirety, the respondent would have to pay a huge amount by way
of interest. With a view to do complete justice to the parties, in
exercise of jurisdiction under Article 142 of the Constitution of
India, it was directed that the award shall carry interest at the
E rate of 6% p.a. instead and in place of 18% p.a.
158. Similarly in Mukand Ltd. v. Hindustan Petroleum Corpn.
Ltd. [(2006) 9 SCC 383 : (2006) 4 Scale 453], while this Court
confirmed the decision of the Division Bench upholding the modified
award made by the learned Single Judge, the Court reduced the
F interest awarded by the learned Single Judge subsequent to the
decree from 11% per annum to 7½ % per annum observing that
7½ % per annum would be the reasonable rate of interest that
could be directed to be paid by the appellant to the respondent for
the period subsequent to the decree.
G 159. In this case, given the long lapse of time, it will be in
furtherance of justice to reduce the rate of interest to 7½ %.”
18. It could thus be seen that while exercising the jurisdiction
under Article 142 of the Constitution of India, this Court has reduced the
rate of interest to 7.5% per annum.
H
EXECUTIVE ENGINEER (R AND B) AND OTHERS v. GOKUL CHANDRA 319
KANUNGO (DEAD) THR. HIS LRS. [B. R. GAVAI, J.]
19. Again, in the case of Krishna Bhagya Jala Nigam Ltd. A
(supra), this Court, while reducing the rate of interest, observed thus:
“11. On the merits of the claims made by the contractor we find
from the impugned award dated 25-6-2000 that it contains several
heads. The arbitrator has meticulously examined the claims of
the contractor under each separate head. We do not see any reason B
to interfere except on the rates of interest and on the quantum
awarded for letting machines of the contractor remaining idle for
the periods mentioned in the award. Here also we may add that
we do not wish to interfere with the award except to say that
after economic reforms in our country the interest regime has
changed and the rates have substantially reduced and, therefore, C
we are of the view that the interest awarded by the arbitrator at
18% for the pre-arbitration period, for the pendente lite period
and future interest be reduced to 9%.”
20. Noticing the similarity between the aforesaid cases and the
present case, we find that the present case is also a fit case wherein this D
Court needs to exercise its powers under Article 142 of the Constitution
of India to reduce the rate of interest. As already discussed hereinabove,
taking into consideration the conduct of the respondent in delaying the
proceedings at every stage which led to a long pendency of the dispute,
we are of the view that, though it will not be in the interest of justice to E
interfere with the principal award, this is a fit case wherein the interest
at all the three stages, that is pre-reference period, pendente lite and
post-award period, requires to be reduced.
21. In the result, we partly allow the appeal and pass the following
order: F
(i) The respondent would not be entitled to any interest for the
period between 30th August 1977 and 25th July 1989 and for
the period between 14th February 1990 and 4th February 2000;
(ii) In respect of the remaining period at all the three stages, that
is pre-reference period, pendente lite and post-award period, G
the respondent would be entitled to interest at the rate of 9%
per annum.
22. We are informed that the execution proceedings are still
pending. The parties shall submit their calculation before the Executing
H
320 SUPREME COURT REPORTS [2022] 7 S.C.R.
A Court in accordance with what has been held by us hereinabove within
a period of one month from the date of this judgment. The Executing
Court would quantify the amount in accordance with the aforesaid
directions within a period of one month thereafter. The appellants shall
make the payment of the amount as determined by the Executing Court
within a period of one month thereafter.
B
23. Pending application(s), if any, shall stand disposed of in the
above terms. No order as to costs.
Bibhuti Bhushan Bose Appeal partly allowed.
(Assisted by : Preetam Bharti, LCRA)
C
D
E
F
G
H
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