- (1.) Leave granted.
(2.) We may take up Civil Appeal arising out of Special Leave Petition (C) No.24337 of 2009 as a lead case which arises out of a common judgment dated 14.11.2007 of the High Court of Madhya Pradesh at Jabalpur. In the first three appeals, we are concerned with the claim on interest alone and, in the other two appeals, the question involved is with regard to the claim for interest, water charges and the cost of plaster of paris.
(3.) The appellant was awarded the work relating to the construction of residential and non-residential building at Central Excavation Training Institute (CETI) vide work order dated 25.2.1987 for an amount of Rs.68,91,589/-. Appellant submits that for want of final drawings and delay in the supply of cement and other construction materials, including supply of water, the work was delayed, but completed on 1.4.1989 and handed over the buildings to the respondent. There was delay on the part of the respondents in preparing and sanctioning the final bills which gave rise to various disputes and ultimately the matter was referred to a sole arbitrator. The arbitrator passed an award dated 30.10.1999 on the claims made by the appellant including claims for water charges and plaster of paris. So far as the claim for interest is concerned, the arbitrator awarded simple interest @ 15% per annum from six months of the date of completion i.e. 1.4.1989 on all the amounts awarded till the date of payment. Further, it was also ordered that in case the payment was delayed beyond three months of the date of the award, interest be paid @ 18% per annum from the date of payment. No payment was made within three months from the date of the award. Hence, according to the appellants, as per the award he was entitled for 15% interest from six months of the date of completion i.e. 1.4.1989 on the amounts awarded by the Arbitrator till the date of payment.;