STATE OF ORISSA AND OTHERS versus CONSTRUCTION INDIA

STATE OF ORISSA AND OTHERS versus CONSTRUCTION INDIA

In the facts and circumstances, although the question of validity of unreasoned awards is pending before the Constitution Bench, the Court declined to interfere and refused reference. The award was modified by deleting interest from commencement of reference to date of award.

Parties
Petitioner: State of Orissa and Others; Respondent: Construction India
Jurisdiction
India
Judgment Date
04 December 1987
Procedural Posture
SLP (civil) No. 7389 of 1987 / Supreme Court Special Leave Petition Decision
Outcome
Petition dismissed with modification
Legal Topics
Unreasoned Award, Interest on Arbitral Award
Arbitration Contract Law Unreasoned Award Interest on Arbitral Award

Case Brief

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Parties

State of Orissa and Others

Petitioner

Construction India

Respondent

Procedural Posture

SLP (civil) No. 7389 of 1987 / Supreme Court Special Leave Petition Decision

Legal Issues

  1. 1 Validity of unreasoned arbitral award
  2. 2 Award of interest from the date of reference

Ratio Decidendi

In the facts and circumstances, although the question of validity of unreasoned awards is pending before the Constitution Bench, the Court declined to interfere and refused reference. The award was modified by deleting interest from commencement of reference to date of award.

Court Disposition

Petition dismissed with modification

Orders

  • Award modified by deleting interest for the period from commencement of reference before the arbitrator to the date of award
  • Petition for special leave dismissed