BUILDWORTH PRIVATE LTD. Vs. BHARAT HEAVY ELECTRICAL LTD.

JUDGEMENT

(1.) Heard Mr. D Das, the learned senior counsel appearing on behalf of the petitioner assisted by Mr. R Sarma. I have also heard Mr. D Mazumdar, learned senior counsel for the respondent.

(2.) All the four petitions before me question the common order dtd. 7/6/2018 and 9/10/2018 passed by the Court of District Judge, Kokrajhar in Money Execution Case No. 26/2015, Money Execution Case No. 27/2015, Money Execution Case No. 28/2015 and Money Execution Case No. 29/2015. The question involved in all these four petitions is regarding the entitlement of the petitioner for future interest for the period from the date of the award till realization, inasmuch as vide the order dt. 9/10/2018, the Court below, which is the Executing Court had come to a finding that the petitioner would only be entitled to interest on the principal amount from the date of filing the claim petitions till 7/3/2006 (the date of the award) at the rate of 12% and the petitioner is not entitled to the benefit under Sec. 31(7) (b) of the Arbitration and Conciliation Act, 1996 (for short, the Act of 1996). As all the four revision applications raised the same question of law and have also assailed the common orders dtd. 7/6/2018 and 9/8/2018, I am proposing to dispose of all the four revision applications by way of the instant order.

(3.) The brief facts for the purpose of the instant case are that the disputes arose between the petitioner and the Bharat Heavy Electrical Ltd. (for short, BHEL) and as the said dispute was covered by an arbitration agreement; an Arbitrator was appointed for resolution of the said disputes which lead to an initiation of Arbitration Case No.03/2004, Arbitration Case No.04/2004, Arbitration Case No.05/2004, Arbitration Case No.06/2004 and Arbitration Case No. 07/2004 respectively. By the common award dtd. 7/3/2006, in paragraph no. 30 which was the issue no. (iii) in the said proceedings, the learned Arbitrator decided the entitlement of the petitioner (the claimant therein). The said paragraph 30 is quoted hereinbelow: