VidhiSangh

Supreme Court of India · 18/11/2021

UNION OF INDIA versus MANRAJ ENTERPRISES

[2021] 7 S.C.R. 413 · 2021 INSC 754

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court set aside pendente lite and future interest awarded contrary to the parties’ express contractual bar. Clause 16(2) separately excluded interest on amounts payable under the contract, as well as earnest money and security deposits. The broader words could not be confined to deposits through ejusdem generis. Neither an asserted concession by counsel contrary to binding law nor the employer’s own interest counterclaim created an entitlement to prohibited interest.

Issues

  1. Whether Clause 16(2) barred interest on contractual dues other than deposits.
  2. Whether equitable arbitral powers, a legal concession or the employer’s counterclaim overcame that bar.

Provisions considered

Held

Result

Union appeal allowed. The arbitral award and the High Court orders were set aside to the extent of pendente lite and future interest on the amounts due under the contract; no costs.

Judgment PDF: Supreme Court of India, [2021] 7 S.C.R. 413.