SUDHIR BROTHERS versus DELHI DEVELOPMENT AUTHORITY AND ANR.

SUDHIR BROTHERS versus DELHI DEVELOPMENT AUTHORITY AND ANR.

The arbitrator had jurisdiction to award pre-reference interest for references made after the Interest Act, 1978 came into force. The Division Bench of the High Court erred in disallowing such interest.

Parties
Appellant: Sudhir Brothers; Respondent: Delhi Development Authority; Respondent: Anr.
Jurisdiction
India
Judgment Date
16 November 1995
Procedural Posture
Civil Appeal / Appeal Against Division Bench of Delhi High Court Decision
Outcome
Appeal allowed in part
Legal Topics
Interest Awarded by Arbitrators, Pre Reference Interest, Interest Act, 1978
Arbitration Interest Awarded by Arbitrators Pre Reference Interest Interest Act, 1978

Case Brief

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Parties

Sudhir Brothers

Appellant

Delhi Development Authority

Respondent

Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal Against Division Bench of Delhi High Court Decision

Legal Issues

  1. 1 Whether arbitrator has jurisdiction to award interest for the pre-reference period after coming into force of the Interest Act, 1978

Ratio Decidendi

The arbitrator had jurisdiction to award pre-reference interest for references made after the Interest Act, 1978 came into force. The Division Bench of the High Court erred in disallowing such interest.

Court Disposition

Appeal allowed in part

Orders

  • Order of Division Bench disallowing pre-reference interest is set aside
  • Award of pre-reference interest by arbitrator is restored