VidhiSangh

Supreme Court of India · 07/02/2019

JAIPRAKASH ASSOCIATES LTD. (JAL) THROUGH ITS DIRECTOR versus TEHRI HYDRO DEVELOPMENT CORPORATION INDIA LTD.

[2019] 2 S.C.R. 41 · 2019 INSC 158

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

Summary

The contractual prohibition on interest bound the arbitral tribunal in an arbitration governed by the 1996 Act. Clauses 50 and 51 comprehensively barred the contractor’s interest claims, and reliance on decisions under the 1940 Act did not authorize pendente lite interest despite that bar. Earlier construction of materially identical clauses between the same parties supported the High Court. The asserted conflict in precedents and proposed restrictive construction were rejected.

Issues

  1. Whether the arbitral tribunal could award interest despite Clauses 50 and 51 of the contract.
  2. Whether earlier decisions justified a different construction or reference to a larger Bench.

Provisions considered

Held

Result

Appeal dismissed; High Court’s interference with the arbitral interest award upheld.

Judgment PDF: Supreme Court of India, [2019] 2 S.C.R. 41.