NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. M/S NCC KNR JV
Supreme Court of India (Division Bench (DB)- Two Judge)
Appeal (Civil), 6158 of 2013, Judgment Date: Jan 19, 2016
Non-Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A. Nos. 4 & 5
IN
CIVIL APPEAL NO. 6158 OF 2013
NATIONAL HIGHWAYS AUTHORITY OF INDIA ……Applicant/Appellant
Versus
M/S NCC- KNR (JV) ….Respondent
O R D E R
Uday Umesh Lalit J.
1. These Interlocutory Applications arise out of Civil Appeal No.6158 of
2013 which was disposed of by this Court on 24.4.2015. While allowing said
appeal preferred by National Highways Authority of India, the appellant
herein, it was directed by this Court as under:-
“ In our view, the Arbitral Tribunal went beyond the scope of the contract
and it clearly exceeded its jurisdiction. We, therefore, set aside the
award insofar as it allows Claim No. 8. Consequently, the appeal stands
allowed. At the interim stage, this Court had directed the Appellant to
deposit a sum of Rs.70,65,039/- which upon deposit was withdrawn by the
Respondent on furnishing a bank guarantee. The appellant is entitled to
encash that bank guarantee to recover the sum that was deposited. No order
as to costs.”
2. Soon thereafter Interlocutory Application No.3 of 2015 was filed on
behalf of the respondent, which was disposed of by this Court by its order
dated 8.5.2015, which order was to the following effect:-
“Mr. Amit George, leaned counsel appearing for the applicant-respondent
shall pay to the petitioner, National Highways Authority of India and,
therefore, the bank guarantee in question need not be encashed. He
undertakes that the respondent shall make the payment to the applicant
within four weeks from today. The said amount shall be paid by way of a
bank draft drawn on a nationalized bank. If the amount is not paid within
the stipulated period, the bank guarantee shall be encashed forthwith by
the petitioner.
I.A. No. 3 of 2015 stands disposed of accordingly.”
3. Accordingly, the respondent made over the amount in question within
the time stipulated under the order dated 08.05.2015. Interlocutory
Application No.4 of 2015 was thereafter preferred by the appellant
contending that the decretal amount was withdrawn by the respondent in
December 2012 whereas the appeal was allowed in favour of the appellant on
24.4.2015 and that the respondent had reaped the benefits of decretal
amount for more than three years. It was submitted that the Arbitral
Tribunal had awarded interest @ 12% per annum against the appellant and
that the respondent be directed to pay interest @ 12% per annum on the
amount of Rs.70,65,039/- from the date of withdrawal till the date of
actual payment.
4. The appellant is right in its submission that the Arbitral Tribunal
in its award dated 09.01.2012 had awarded interest at the rate of 12% per
annum on amounts awarded under various claims. Matter in issue in Civil
Appeal No.6158 of 2013 pertained only to Claim No.8. In the fitness of
things, the appellant is certainly entitled to interest at the same rate on
the amount which was enjoyed by the respondent. The entitlement of the
respondent to this amount stood negated by judgment and order dated
24.04.2015 and as such the respondent must pay back the amount with
interest at the same rate.
We therefore, direct that the respondent shall pay interest at the rate
of 12% per annum on the amount in question namely Rs.70,65,039/- from the
date of withdrawal till the amount was made over by the respondent to the
appellant. Such payment shall be made within six weeks from today.
Interlocutory Application Nos.4 and 5 stand disposed of accordingly.
……………………….J
(Dipak Misra)
..………………………J.
(Uday Umesh Lalit)
New Delhi
January 19, 2016
ITEM NO.1A-For Order COURT NO.10 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
I.A. 4 & 5 in Civil Appeal No(s). 6158/2013
NATIONAL HIGHWAYS AUTHORITY OF INDIA Appellant(s)
VERSUS
M/S NCC KNR JV Respondent(s)
Date : 19/01/2016 These applications were called on for pronouncement of
ORDER today.
For Appellant(s) Mr. T.S. Sidhu, Adv.
Ms. Gunjan S. Jain, Adv.
Mr. Vivek Oriel, Adv.
Mr. Vikas Soni, Adv.
For M/s. M. V. Kini & Associates
For Respondent(s)
Mr. R. Sathish,Adv.
Hon'ble Mr. Justice Uday Umesh Lalit pronounced the order of the
Bench comprising Hon'ble Mr. Justice Dipak Misra and His Lordship.
I.A. Nos. 4 and 5 are disposed of in terms of the signed non-
reportable order.
Pending application(s), if any, stand(s) disposed of.
|(VINOD KUMAR) | |(MALA KUMARI SHARMA) |
|COURT MASTER | |COURT MASTER |
(Signed Non-Reportable order is placed on the file)