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Supreme Court of India

U.O.I vs M.P TRADING & INVESTMENT RAC. CORP. LTD on 28 September, 2015

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C.A. No.-008077-008079 - 2015Official PDFBench Kurian Joseph, Arun Kumar MishraAdvocates SHREEKANT NEELAPPA TERDAL
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.8077-8079 OF 2015
[@ SPECIAL LEAVE PETITION (C) NO. 36013-36015 OF 2013]
U.O.I & ANR Appellant(s)
VERSUS
M.P TRADING & INVESTMENT RAC. CORP.
LTD Respondent(s)
J U D G M E N T

Leave granted.

The sole dispute in these cases is with regard to

the payment of interest when the proceedings under

Section 34 of the Arbitration and Conciliation Act,

1956 were pending before the High Court. In the case

before us, we find that the award was passed on

02.03.2001. When the matters were pending before the

High Court, there was a direction vide order dated

04.02.2003 to deposit the Principal amount before the JUDGMENT High Court. The amount was deposited on 03.03.2003.

Subsequently, by order dated 22.05.2003, the High

Court, on the request made by the respondent,

directed the Court deposit to be made as a Fixed

Deposit in a nationalist bank. Ultimately, the

objections were rejected on 02.06.2006 and the appeal

thereon was also dismissed on 27.09.2006. Placing

reliance on the decision of Himachal Pradesh Housing

and Urban Development Authority and Anr. Vs. Ranjit

Singh Rana reported in (2012) 4 SCC 505, it is

contended by the learned counsel appearing for the

appellants that once the amount is deposited in

Court, there is no liberty to pay interest in terms

of the award.

Paragraph 15 of the Judgment reads as under :-

“The word 'payment' may have different

meaning in different context but in

the context of Section 37(1)(b); it

means extinguishment of liability

arising under the award. It signifies

satisfaction of the award. The deposit

of the award amount into the Court is

nothing but a payment to the credit of

the decree-holder. In this view, once

the award amount was deposited by the

appellants before the High Court on

May 24, 2001, the liability of JUDGMENT

post-award interest from May 24, 2001

ceased. The High Court, thus, was not

right in directing the appellants to

pay the interest @18% p.a. beyond May

24, 2001.”

In the present case, we find that the amount was

to be deposited in a Fixed Deposit at the request

made by the respondent and it is not seen that the

respondent has made any request before the High Court

for withdrawal of the amount deposited as per the

directions by the High Court. However, it is

submitted that the appellants have not deposited the

full amount in terms of the award.

In the above facts and circumstances of the case,

we are of the view that the appellants shall be

entitled to interest as per award from the date of

award till the principal amount was deposited in the

High Court on 03.03.2003. From the said date of

03.03.2003 till it was withdrawn, the respondent

shall be entitled only to the interest accrued on the

principal amount in terms of the Fixed Deposit made

as per the direction by the High Court.

However, the respondent shall be entitled to the

interest in terms of the award on the balance of the

award amount which the appellants failed to deposit

in Court, as per the award.

The impugned Judgment of the High Court is JUDGMENT modified to the above extent. The Civil Appeals are

disposed of with no order as to costs.

New Delhi; September 28, 2015.