Union Of India v. M/S Manraj Enterprises

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P. 330/2011 UNION OF INDIA ..... Petitioner Through Ms.Geetanjali Mohan, Advocate versus M/S MANRAJ ENTERPRISES ..... Respondent Through Mr.Vivekanand, Advocate

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 20.09.2017 1.

This petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') seeking to impugn the award dated 17.01.2011 to the extent of claim No.5. 2.

Claim No.5 pertains to pre-suit, pendente lite and future interest on the balance payment since due date of payment. The learned arbitrator had awarded interest @ 12% per annum from 01.01.1997 till the date of publication of the award on the awarded amount except amount of security deposit and earnest money.

3.

Both the learned counsel for the parties very fairly state that this issue which pertains to interpretation of Section 16(2) of the General Condition of Contract stands settled in view of the judgment of the Supreme Court in the case of Union of India v. M/s Pradeep Vinod Construction Co., Civil Appeal No.2099/2017, decided on 03.08.2017.

4.

Hence, in view of the above, the challenge to the award of interest stands negated in the said judgment. The petition is hence dismissed.

JAYANT NATH, J.

SEPTEMBER 20, 2017/v