VidhiSangh

Supreme Court of India · 17/03/2023

INDIAN RAILWAY CONSTRUCTION COMPANY LIMITED versus M/S NATIONAL BUILDINGS CONSTRUCTION

[2023] 2 S.C.R. 713 · 2023 INSC 248

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Summary

A contractor abandoned construction of a railway station complex at Vashi and the employer rescinded the contract in 1994 citing Clause 60.1. The arbitral tribunal held that clause inapplicable but upheld the termination under Clause 17.4, rejected the contractor's claims for refund of security deposits, and awarded 18 per cent interest on two advances. The Delhi High Court set aside those parts of the award, restoring in appeal only the interest on the special advance. The Supreme Court allowed the employer's appeal: the finding that termination was justified under Clause 17.4 had attained finality and both clauses permit forfeiture, so the Section 34 court exceeded its jurisdiction; and under Section 31(7)(a) and Raveechee an arbitrator may award pendente lite interest absent a specific bar, though the rate was reduced to 12 per cent.

Issues

  1. Whether an arbitral tribunal, having found a termination notice wrongly founded on one clause of the contract, may uphold the termination and consequent forfeiture of security deposits under another clause conferring the same power.
  2. Whether an arbitral tribunal may award pendente lite interest on an advance where the contract contains no provision for interest but no bar against it.

Provisions considered

Held

Result

Appeal allowed; judgments of the Single Judge and Division Bench of the Delhi High Court setting aside the arbitral rejection of Claim Nos. 33 and 34 quashed and the award on those claims restored; award of interest on the advance for hypothecation of equipment restored at 12 per cent pendente lite instead of 18 per cent; no order as to costs.

Judgment PDF: Supreme Court of India, [2023] 2 S.C.R. 713.