M/S ITD CEMENTATION INDIA LTD v. M/S NATIONAL HIGHWAYS AUTHORITY OF INDIA

Delhi High Court · 28 Sep 2011 · 2011:DHC:13801
Manmohan Singh
EX.P. 10/2011
2011:DHC:13801
civil appeal_allowed Significant

AI Summary

The Delhi High Court upheld the enforceability of an arbitral award including interest on interest, directing the judgment debtor to pay the outstanding interest amount in execution proceedings.

Full Text
Translation output
$-18 (7\ HIGH COURT OF DELHI
EX.P. 10/2011
M/S ITD CEMENTATION INDIA LTD Decree Holder Tlirough Mr Ainit George, Adv.
VERSUS
M/S NATIONAL HIGHWAYS AUTHORITY OF INDIA
JUDGMENT
Debtor Tlirough Ms Meenakshi Sood, Adv.
^ CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
ORDER
28.09.2011 The present execution petition has been filed by the decree holder for enforcement of award dated 19.01.2010. Admittedly, the judgment debtor did not file any objection to the award in Court under
Section 34 of the Arbitration and Conciliation Act, 1996. The operative
^ portion ofthe award reads as imder;
"13. On the basis of the discussion and our findings above we award to the Claimant against the Respondent NHAI as below: 1) A sum ofRs.3,00,000/- (Rupees tlnee laklis only) against its Claim No.5 in respect of drawings for structures. 2) In view of difference of opinion between Shri S.C. Gupta & Sliri Jagmohan Lai on the one hand and Sliri Surjeet Singh on the other, we award by majority a sum of Rs.32,36,851 2011:DHC:13801
(Rupees thirty two lakhs thirty six thousand eight hundred fifty one only) along with interest amounting to Rs.6,74,344/- (Rupees six lakhs seventy four thousand tlu-ee hundred forty four only) against Claim No.l relating to insurance against terrorism risk.

3) In view of difference of opinion between Shri S.C. Gupta & Shri Jagmohan Lai on the one hand and Sliri Surjeet Singh on the other, we award by majority against Claim No.2, a sum of:

(i) Rs.43,57,150/- (Rupees forty three laklis fifty seven thousand one hundred fifty only) along with interest amounting to Rs.25,41,670/- (Rupees twenty five laklis forty one thousand six hundred seventy only) relating to additional escalation on HYSD bars; and

(ii) Rs.2,48,12,287/- (Rupees two crores forty eight lakhs twelve thousand two hundred eighty seven only) along with interest amounting to Rs.1,06,96,562/- (Rupees one crore six laklis ninety six thousand five hundred sixty two only) relating to additional escalation onmild steel.

4) Claim No.3,4,[6] &7 are dismissed.

5) The amount as awarded at S. No.l, 2 & 3 above shall be paid by the Respondent to the Claimant within 60 days of publication ofaward, failing which interest @12% (Twelve percent) per annum on the awarded amount shall be paid by the Respondent to the Claimant from date of publishing of the award till realization." The substantial amount of the award has already been received by the decree holder. The remaining amount to the tune ofRs.13,99,643/- is due towards interest as on21.01.2011. The learned counsel for thejudgment debtor has challenged the component of interest awarded by the learned Arbitral Tribunal and the amount sought by the decree holder towards the said interest claimed. The learned counsel for the decree holder in support of his contention has referred to the case ofM/s Foremost Industries India Ltd. V. Ram Swamp Khattar: AIR 1993 Delhi 84. "The decree-holder successfully obtained a decree against the appellant in a suit filed under O. 37, Civil P.C. The decree provided payment of interest on the decretal amount and the decretal amount included principal and interest due up to the date of filing of the suit.

2. In execution, an objection is being raised on behalf of the appellant, who is a judgment-debtor that interest is payable on the principal amount and not on the amount, principal plus interest, which was the basis ofthe suit, on which the Court awarded interest. The argument raised is that the decree, which allowed interest on the amount of interest, due up to the date of filing of the suit, should be treated as a nullity, being contrary to the provisions of

S. 34 of the Civil P.C. and in execution proceedings, the judgment-debtor should be allowed to raise this objection and necessary relief should be granted." In view of the judgment passed by the Division Bench, it appears to this Court that the amount claimed by the decree holder is justified. Therefore, I direct that the judgment debtor shall pay a sum of Rs.13,99,643/- towards interest as on 21.01.2011. The learned counsel for the judgment debtor has requested that six weeks time be granted to malce tlie payment. The request ofthe learned counsel for the judgment debtor is accepted. Let the amount be paid to the decree holder by the judgment debtor within six weeks from today. The petition is disposed of.

SEPTEMBER 28, 2011 jk MANMOHAN SINGH,^