VidhiSangh

Supreme Court of India · 01/09/2022

MORGAN SECURITIES AND CREDITS PVT. LTD. versus VIDEOCON INDUSTRIES LTD.

[2022] 9 S.C.R. 819 · 2022 INSC 898

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

Summary

An arbitrator awarded Morgan Securities about Rs. 5 crore with pre-award interest, plus 18% post-award interest on the principal only, following State of Haryana v. S.L. Arora. Relying on Hyder Consulting, which overruled S.L. Arora, the award-holder argued that post-award interest must run on the principal plus pre-award interest. The Supreme Court dismissed the appeal. Hyder Consulting decided only that post-award interest may be granted on that aggregate, not that the arbitrator must grant it so. In Section 31(7)(b) of the Arbitration and Conciliation Act, 1996, 'unless the award otherwise directs' qualifies only the rate, and the 18% default applies where the award is silent. The arbitrator may award post-award interest on part of the sum, exercising the discretion reasonably.

Issues

  1. Whether, after Hyder Consulting, an arbitrator must award post-award interest under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996 on the aggregate of principal and pre-award interest, or may award it on the principal alone
  2. What the phrase 'unless the award otherwise directs' in Section 31(7)(b) qualifies

Provisions considered

Held

Result

Appeal dismissed; the Delhi High Court's refusal to disturb the arbitrator's grant of post-award interest on the principal amount only was upheld.

Judgment PDF: Supreme Court of India, [2022] 9 S.C.R. 819.