VidhiSangh

Supreme Court of India · 11/08/2023

M/S LARSEN AIR CONDITIONING AND REFRIGRATION COMPANY versus UNION OF INDIA AND ORS.

[2023] 11 S.C.R. 86 · 2023 INSC 708

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Summary

In an appeal confined to interest, the Court restored the arbitrator’s award of 18% interest and set aside the High Court’s substitution of 9% simple interest. Applying the pre-amendment statutory scheme, it held that the limited setting-aside and appellate jurisdictions did not authorise such modification. Decisions reducing interest through the Supreme Court’s Article 142 powers did not justify the High Court’s intervention.

Issues

  1. Whether the High Court could reduce the interest awarded in arbitration.
  2. Whether the pre-amendment interest provision and decisions under Article 142 justified the reduction.

Provisions considered

Held

Result

Appeal disposed of; High Court judgment set aside to the extent of the interest modification and the arbitrator’s 18% rate reinstated. Respondent-State to pay dues within eight weeks. No order as to costs.

Judgment PDF: Supreme Court of India, [2023] 11 S.C.R. 86.