w w w . L a w y e r S e r v i c e s . i n



National Council of Education Research & Training (NCERT) v/s M/s. Skywing Carriers Pvt. Ltd.


Company & Directors' Information:- A G RESEARCH PRIVATE LIMITED [Strike Off] CIN = U85120TG2014PTC093661

Company & Directors' Information:- SKYWING CARRIERS PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049285

Company & Directors' Information:- R. K. CARRIERS INDIA PRIVATE LIMITED [Active] CIN = U63011RJ2008PTC025697

Company & Directors' Information:- D P CARRIERS PRIVATE LIMITED [Active] CIN = U63090BR2015PTC025483

Company & Directors' Information:- CARRIERS INDIA PRIVATE LIMITED [Active] CIN = U63090AS1983PTC002120

Company & Directors' Information:- I AND D RESEARCH PRIVATE LIMITED [Active] CIN = U74140DL2003PTC118439

Company & Directors' Information:- N F T CARRIERS PRIVATE LIMITED [Active] CIN = U74899DL1992PTC048759

Company & Directors' Information:- K G CARRIERS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC038073

Company & Directors' Information:- V S CARRIERS PVT LTD [Strike Off] CIN = U60210CH1993PTC013461

Company & Directors' Information:- K S P CARRIERS PRIVATE LIMITED [Strike Off] CIN = U74899DL1998PTC093100

Company & Directors' Information:- M R CARRIERS PRIVATE LIMITED [Strike Off] CIN = U34201UP1990PTC012236

Company & Directors' Information:- A P T CARRIERS PRIVATE LIMITED [Strike Off] CIN = U63090UP1996PTC021093

Company & Directors' Information:- M L CARRIERS PRIVATE LIMITED [Active] CIN = U60231WB2010PTC145677

Company & Directors' Information:- A S K CARRIERS LTD [Active] CIN = U63011CH1993PLC013972

Company & Directors' Information:- G. S. CARRIERS PVT LTD [Strike Off] CIN = U60210PB1988PTC008830

Company & Directors' Information:- J P CARRIERS PRIVATE LIMITED [Strike Off] CIN = U51109UR1982PTC005524

Company & Directors' Information:- INDIA CARRIERS PRIVATE LIMITED [Active] CIN = U60231BR1972PTC000947

Company & Directors' Information:- D S G CARRIERS P LTD [Active] CIN = U63090WB1990PTC050273

Company & Directors' Information:- J B RESEARCH PRIVATE LIMITED [Active] CIN = U74920MH2005PTC158461

Company & Directors' Information:- S S CARRIERS PVT LTD [Strike Off] CIN = U60231PB1989PTC009613

Company & Directors' Information:- A AND Z CARRIERS PRIVATE LIMITED. [Strike Off] CIN = U60231JK1997PTC001652

Company & Directors' Information:- J K CARRIERS PRIVATE LIMITED [Strike Off] CIN = U60210PN1999PTC013303

Company & Directors' Information:- A & A TRAINING PRIVATE LIMITED [Active] CIN = U74140DL2009PTC191938

Company & Directors' Information:- R M CARRIERS PRIVATE LIMITED [Active] CIN = U60231WB2012PTC182799

Company & Directors' Information:- T J T TRAINING PRIVATE LIMITED [Active] CIN = U93000TN2013PTC093987

Company & Directors' Information:- A J CARRIERS PVT LTD [Strike Off] CIN = U60210WB1972PTC028238

Company & Directors' Information:- U 2 RESEARCH PRIVATE LIMITED [Strike Off] CIN = U73100MH2008PTC179902

Company & Directors' Information:- H & P RESEARCH AND TRAINING PRIVATE LIMITED [Strike Off] CIN = U80302DL2008PTC175113

    C.R.P. No. 233 of 2018 & CM. APPL. No. 45507 of 2018

    Decided On, 18 September 2019

    At, High Court of Delhi

    By, THE HONOURABLE MR. JUSTICE SANJEEV SACHDEVA

    For the Petitioners: Ashok Kumar, Advocate. For the Respondents: Sushil Kumar Kabra, Advocate.



Judgment Text

(Oral)

1. Petitioner impugns order dated 06.07.2018 whereby the petitioner has been directed to pay interest at the rate of 18% per annum on the awarded amount for the period post award till the date of payment of amount in terms of Section 31(7)(b) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Arbitration Act) as it stood prior to the amendment of the Arbitration Act by Act 3 of 2016.

2. Respondent had filed statement of claim before the Arbitral Tribunal seeking recovery of certain amounts due to it for transportation of the books of the petitioner.

3. The Arbitral Tribunal by an award dated 09.03.2012 upheld the claim and awarded a sum of Rs.2,12,292/- in respect of bills admitted to have been passed by the petitioner after deduction of TDS, surcharge and E-cess and also awarded Rs.40,000/- as refund of the security deposit. The awarded amount was directed to be paid back with simple interest at the rate of 8% from the date on which the bills were passed till 20.9.2008 when the claim petition was filed. The Arbitral award was silent with regard to pendente lite and post award interest.

4. Respondent filed the execution petition claiming recovery of the amount of Rs.2,52,292/- (i.e. Rs.2,12,292/- plus Rs.40,000/-) along with interest at the rate of 8% from the date of passing of the bill till 20.9.2008 totalling to Rs.70,033/-. The total awarded amount claimed was Rs.3,22,325/-. Besides the said amount, respondent also claimed statutory interest at the rate of 18% from the date of the award i.e. 09.03.2012 till the realisation of the said amount.

5. Respondent had claimed 18% simple interest as statutory interest in terms of Section 31(7)(b) of the Arbitration Act.

6. By the impugned order herein the Executing Court directed the petitioner to pay the awarded amount as noticed above alongwith interest @ 18% p.a. on the awarded amount in terms of Section 31(7)(b) of the Arbitration Act.

7. Aggrieved by the said direction, petitioner has filed the subject petition.

8. Learned counsel for the petitioner submits that the Executing Court has erred in modifying the award and has erred in awarding 18% instead of rate of interest @ 8% p.a. which was awarded by the arbitrator.

9. I find no merit in the contention of learned counsel for the petitioner. Perusal of the award shows that the arbitral award has awarded 8% interest till the date of filing of the claim petition. No pendente lite or post award interest has been awarded.

10. Section 31(7)(b) of the Arbitration Act as it stood prior to its amendment in 2015 reads as under:-

“(b) A sum directed to be paid by an arbitral award shall, unless the award otherwise directs, carry interest at the rate of eighteen per centum per annum from the date of the award to the date of payment.”

11. Section 31(7)(b) of the Arbitration Act clearly stipulates that a sum directed to be paid by the arbitral award shall carry interest at the rate of 18% per annum from the date of award to the date of payment in case the award does not direct otherwise. It clearly implies that if the award is silent with regard to post award interest then the same has to be 18%, however, in case the award specifies a post award interest then the award has to be implemented as it is. (Union of India & Anr vs. P.C.Sharma, AIR 2007 Delhi 51)

12. Clearly as the arbitral tribunal had not awarded any post award interest, the petitioners were liable to pay interest at the rate of 18% for the period post award till payment.

13. T

Please Login To View The Full Judgment!

he executing court has not modified the award by granting 18% p.a. interest for the post award period, as contended by learned counsel for the petitioner, but has only directed payment of statutory interest in terms of Section 31(7)(b) of the Arbitration Act. 14. There is no infirmity in the impugned order dated 06.07.2018. Accordingly, I find no merit in the petition. The petition is dismissed.
O R