VidhiSangh

Supreme Court of India · 04/10/2021

GARG BUILDERS versus BHARAT HEAVY ELECTRICALS LIMITED

[2021] 10 S.C.R. 82 · 2021 INSC 606

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

Summary

The Court upheld denial of pendente lite interest under an express contractual clause excluding interest on deposits and any money due to the contractor. Section 31(7)(a) of the Arbitration and Conciliation Act makes the arbitrator’s pre-award interest power subject to the parties’ agreement. The broad clause covered the awarded amount and was not confined to deposits. The Court rejected the challenge under Section 28 of the Contract Act and distinguished authorities under the 1940 Arbitration Act. The dispute concerned pendente lite interest, not a fresh determination of post-award interest.

Issues

  1. Whether the express interest-barring clause prevented the arbitrator from awarding pendente lite interest under the 1996 Act.
  2. Whether the clause was invalid under Section 28 of the Contract Act.
  3. Whether decisions under the Arbitration Act, 1940 displaced the contractual bar in this case.

Provisions considered

Held

Result

Appeal dismissed; denial of pendente lite interest upheld. Parties to bear their own costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2021] 10 S.C.R. 82.