MADHAVA HYTECH ENGINEERS PVT. LTD Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) This appeal arises out of an order passed by the learned Additional District Judge (Commercial), Dehradun in Execution Case No.85/2019 (C.G. No.195/2019) dtd. 16/10/2021 thereby dismissing the application of the appellant on the ground that the said appellant/ decree holder is not entitled to any interest on the interest awarded by the Arbitral Tribunal on the principal amount pendente lite @ 12%.

(2.) Facts of the case, at this stage, are not in dispute. The appellant was awarded a contract by the Superintending Engineer, N.H. Circle-10, Uttarakhand P.W.D., Chakrata Road, Yamuna Colony, Dehradun but there was some dispute regarding execution of the same. As per the Arbitral Clause in the contract the matter was referred to an Arbitral Tribunal. On such reference both the sides were heard. Evidences were led, both oral and documentary, and finally the Arbitral Tribunal passed award in favour of the present appellant.

(3.) At this stage, the dispute is only regarding payment of interest or in other words entitlement of the appellant with respect to the interest on the sum awarded. First, we take note of the award, with regard to the interest, which appears at page 89 which is as under:-