HYDER CONSULTING (UK) LTD. Vs. GOVERNOR, STATE OF ORISSA
LAWS(SC)-2014-11-74
SUPREME COURT OF INDIA (FROM: ORISSA)
Decided on November 25,2014

Hyder Consulting (Uk) Ltd. Appellant
VERSUS
Governor, State Of Orissa Respondents


Referred Judgements :-

GALASHIELS GAS CO.,LTD. V. O'DONELL [REFERRED TO]
CARTLEDGE V. E. JOPLING & SONS,LTD. [REFERRED TO]
CHEVRON PETROLEUM UK LTD V. BP PETROLEUM DEVELOPMENT LTD. [REFERRED TO]
PARKSIDE LEASING LTD V. SMITH (INSPECTOR OF TAXES) [REFERRED TO]
SUB. NOM.,BATES V. I.R.C. [REFERRED TO]
DARSHAN SINGH BALWANT SINGH THE UNION OF INDIA INTERVENER VS. STATE OF PUNJAB [REFERRED TO]
KESHAVJI RAVJI AND CO VS. COMMISSIONER OF INCOME TAX [REFERRED TO]
STATE OF UTTAR PRADESH VS. SYNTHETICS AND CHEMICALS LIMITED [REFERRED TO]
GANGA PRASAD VERMA VS. STATE OF BIHAR [REFERRED TO]
PRATIBHA PROCESSORS VS. UNION OF INDIA [REFERRED TO]
OIL AND NATURAL GAS COMMISSION VS. MC CLELLAND ENGINEERS S A [REFERRED TO]
FUERST DAY LAWSON LIMITED VS. JINDAL EXPORT LIMITED [REFERRED TO]
CENTRAL BANK OF INDIA VS. RAVINDRA [REFERRED TO]
NASIRUDDIN VS. SITA RAM AGARWAL [REFERRED TO]
N S NAYAK AND SONS VS. STATE OF GOA [REFERRED TO]
MCDERMOTT INTERNATIONAL IN VS. BURN STANDARD CO LTD [REFERRED TO]
TAMIL NADU STATE ELECTRICITY BOARD VS. CENTRAL ELECTRICITY REGULATORY COMMISSION [REFERRED TO]
SAYEED AHMED AND CO VS. STATE OF U P [REFERRED TO]
U P COOPERATIVE FEDERATION LTD VS. THREE CIRCLES [REFERRED TO]
STATE OF HARYANA VS. S L ARORA AND COMPANY [REFERRED TO]
SREE KAMATCHI AMMAN CONSTRUCTIONS VS. DIVISIONAL RAILWAY MANAGER [REFERRED TO]
BHAI JASPAL SINGH VS. ASSISTANT COMMISSIONER OF COMMERCIAL TAXES [REFERRED TO]
H P HOUSING AND URBAN DEVT AUTH VS. RANJIT SINGH RANA [REFERRED TO]
EMPEROR VS. BENOARI LAL SARMA [REFERRED TO]
PAKALA NARAYANA SWAMI VS. EMPEROR [REFERRED TO]
UNION OF INDIA VS. M/S. TATA CHEMICALS LTD. [REFERRED TO]



Cited Judgements :-

UNION OF INDIA VS. BANCO CONSTRUCTION [LAWS(MPH)-2018-1-43] [REFERRED TO]
JEETU BHAI MOTWANI VS. JEKHRAM NAMDEO [LAWS(MPH)-2019-1-165] [REFERRED TO]
UNION OF INDIA VS. TIRTHA SINGH [LAWS(ORI)-2023-11-72] [REFERRED TO]
DEVIKA BUILDERS PVT. LTD. AND ORS. VS. NATIONAL COOPERATIVE CONSUMERS AND ORS. [LAWS(DLH)-2015-5-69] [REFERRED TO]
BAGADIYA BROTHERS PVT LTD VS. UNION OF INDIA [LAWS(CAL)-2015-5-28] [REFERRED TO]
STATE OF WEST BENGAL VS. AFCONS PAULING (INDIA) LIMITED [LAWS(CAL)-2019-11-36] [REFERRED TO]
MMTC LIMITED VS. KARAM CHAND THAPAR & BROS (COAL SALES) LTD. [LAWS(DLH)-2019-2-447] [REFERRED TO]
MMTC LIMITED VS. KARAM CHAND THAPAR & BROS [LAWS(DLH)-2019-3-105] [REFERRED TO]
KNR-PATEL (JV) VS. NATIONAL HIGHWAYS AUTHORITY OF INDIA [LAWS(DLH)-2019-1-304] [REFERRED TO]
M/S. BHARAT SANCHAR NIGAM LIMITED VS. M/S. BWL LIMITED [LAWS(DLH)-2017-10-91] [REFERRED TO]
MANOJ CABLECOMPANY VS. UNION OF INDIA [LAWS(DLH)-2018-10-65] [REFERRED TO]
ARIZ KOHLI VS. TEHZEEB KOHLI [LAWS(BOM)-2022-7-110] [REFERRED TO]
SAI ENGINEERING FOUNDATION VS. HPSEB [LAWS(HPH)-2018-6-126] [REFERRED TO]
BHARATH BUILDERS ENGINEERS & CONTRACTORS VS. UNION OF INDIA [LAWS(KER)-2015-5-101] [REFERRED TO]
NATIONAL INSURANCE CO , LTD VS. SHRIRAM INVESTMENTS LTD [LAWS(MAD)-2016-8-206] [REFERRED]
UHL POWER COMPANY LTD VS. STATE OF HIMACHAL PRADESH [LAWS(SC)-2022-1-18] [REFERRED TO]
ARAVIND CONSTRCTIONS VS. UNION OF INDIA [LAWS(TLNG)-2019-1-6] [REFERRED TO]
HARESH ADVANI OF MUMBAI, INDIAN INHABITANT VS. SURAJ JAGTIANI [LAWS(BOM)-2015-4-104] [REFERRED TO]
NATIONAL HIGHWAYS AUTHORITY OF INDIA VS. ITD-SDB(JV) [LAWS(DLH)-2018-10-472] [REFERRED TO]
ORIENTAL INSURANCE CO. LTD VS. HCL INFOSYSTEMS LIMITED [LAWS(DLH)-2023-3-69] [REFERRED TO]
S.A. BUILDERS LTD. VS. MUNICIPAL CORPORATION OF DELHI [LAWS(DLH)-2017-4-204] [REFERRED TO]
AIRPORT AUTHORITY OF INDIA VS. SMITH DETECTION (ASIA PACIFIC) PTE LTD [LAWS(DLH)-2018-5-142] [REFERRED TO]
DEPUTY SECRETARY (HOSPITALS), MINISTRY OF HEALTH A VS. BHAYANA BUILDERS PVT LTD [LAWS(DLH)-2018-5-198] [REFERRED TO]
SHIPRA HOTELS LIMITED VS. STATE OF U. P. [LAWS(ALL)-2022-11-153] [REFERRED TO]
BHOWMICK ENTERPRISES (INDIA) VS. UNION OF INDIA AND ORS. [LAWS(CAL)-2018-12-158] [REFERRED TO]
MYSORE LAMP WORKS LIMITED VS. GOKUL LAMP WORKS PRIVATE LIMITED [LAWS(KAR)-2022-11-702] [REFERRED TO]
EXECUTIVE ENGINEER (R AND B) VS. GOKUL CHANDRA KANUNGO (DEAD) THR. HIS LRS. [LAWS(SC)-2022-9-150] [REFERRED TO]
DELHI AIRPORT METRO EXPRESS PRIVATE LIMITED VS. DELHI METRO RAIL CORPORATION [LAWS(SC)-2022-5-16] [REFERRED TO]
GOVERNMENT OF NCT OF DELHI VS. RAVINDER KUMAR JAIN [LAWS(SC)-2023-5-83] [REFERRED TO]
SHASTRI CONSTRUCTION CO VS. UNION OF INDIA [LAWS(P&H)-2019-2-35] [REFERRED TO]
SHAFEEQUN BEGUM VS. LAXMI NARAYAN RATHI [LAWS(TLNG)-2023-1-105] [REFERRED TO]
KARNATAKA NEERAVARI NIGAM LTD., BANGALORE AND ANOTHER VS. SHETTYS CONSTRUCTION CO. PVT. LTD, HUBLI [LAWS(KAR)-2017-4-25] [REFERRED TO]
MAYA CONSTRUCTION PVT. LTD. VS. UNION OF INDIA THROUGH GENERAL MANAGER, NORTH WESTERN RAILWAY, JAIPUR [LAWS(RAJ)-2017-7-227] [REFERRED TO]
BHOWMICK ENTERPRISE (INDIA) VS. UNION OF INDIA [LAWS(CAL)-2021-7-106] [REFERRED TO]
RUPAM SINGH VS. STATE OF U.P. [LAWS(ALL)-2019-11-188] [REFERRED TO]
MOHAMMED FAIZAN VS. STATE OF U.P. [LAWS(ALL)-2024-5-11] [REFERRED TO]
BAWANA INFRA DEVELOPMENT PVT. LTD VS. DELHI STATE INDUSTRIAL & INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED [LAWS(DLH)-2023-3-96] [REFERRED TO]
NATIONAL AGRICULTURAL CO-OPERATIVE MARKETING FEDERATION OF INDIA LTD VS. RAJESH KHANNA & ORS [LAWS(DLH)-2019-5-289] [REFERRED TO]
PURAVANKARA PROJECTS LIMITED VS. GALAXY PROPERTIES PRIVATE LIMITED [LAWS(MAD)-2018-2-253] [REFERRED TO]
EXECUTIVE ENGINEER VS. ANIL SHARMA, PROPRIETARY [LAWS(JHAR)-2020-8-37] [REFERRED TO]
EMAAR MGF LAND LTD VS. SUNITA [LAWS(DLH)-2018-5-659] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. SHARP MENTHOL LTD [LAWS(DLH)-2018-7-437] [REFERRED TO]
COSMO FERRITES LTD. VS. PRAGYA ELECTRONICS PVT. LTD. [LAWS(DLH)-2017-5-16] [REFERRED TO]
RDS PROJECT LTD VS. CHENNAI-ENNORE PORT ROAD CO LTD [LAWS(DLH)-2016-9-206] [REFERRED]
CANARA BANK VS. STATE TRADING CORPORATION OF INDIA LTD. [LAWS(DLH)-2021-12-263] [REFERRED TO]
SHIV KUMAR WASAL & CO. VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-2015-12-264] [REFERRED TO]
FUTURE MARKET NETWORKS LIMITED VS. LAXMI PAT SURANA [LAWS(CAL)-2022-9-4] [REFERRED TO]
UNION OF INDIA VS. K.P. TRADERS [LAWS(BOM)-2015-4-80] [REFERRED TO]
STATE OF MAHARASHTRA VS. KHARE & TARKUNDE INFRASTRUCTURE PVT. LTD. [LAWS(BOM)-2021-2-38] [REFERRED TO]
VALUE ADVISORY SERVICES VS. ZTE CORPORATION [LAWS(DLH)-2019-12-107] [REFERRED TO]
NORTH DELHI MUNICIPAL CORPORATION VS. RAVI BUILDERS [LAWS(DLH)-2018-7-489] [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. DIGITAL WORLD [LAWS(DLH)-2022-4-8] [REFERRED TO]
LABH CONSTRUCTION & INDUSTRIES LTD VS. CENTRAL GOVT EMPLOYEES WELFAR HOUSING ORGANISATION [LAWS(DLH)-2019-7-453] [REFERRED TO]
RASHMI SEAMLESS LIMITED VS. NEM ENGINEERING PROJECTS PRIVATE LIMITED [LAWS(CAL)-2022-1-104] [REFERRED TO]
GUJARAT INDUSTRIAL DEVELOPMENT CORPORATION (GIDC) LTD VS. GRAPHITE INDIA LTD. [LAWS(GJH)-2023-4-2160] [REFERRED TO]
CHANDI CONTRACTORS PVT LTD VS. EXECUTIVE EMGINEER [LAWS(P&H)-2023-5-80] [REFERRED TO]
SHIV KUMAR VS. UNION OF INDIA [LAWS(SC)-2019-10-45] [REFERRED TO]
GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI VS. URC CONSTRUCTION (P) LTD. [LAWS(MAD)-2022-11-229] [REFERRED TO]
PUBLIC WORKS DEPARTMENT VS. EAST COAST CONSTRUCTIONS & INDUSTRIES LTD [LAWS(MAD)-2023-2-232] [REFERRED TO]
STATE OF RAJASTHAN VS. ASHOK KUMAR CONTRACTOR [LAWS(RAJ)-2021-9-188] [REFERRED TO]
HYDER CONSULTING (UK) LTD. VS. GOVERNOR, STATE OF ORISSA [LAWS(SC)-2015-3-180] [REFERRED TO]
S.V. SAMUDRAM VS. STATE OF KARNATAKA [LAWS(SC)-2024-1-16] [REFERRED TO]
PARMAR CONSTRUCTION COMPANY, ENGINEERS & CONTRACTORS, VS. THE UNION OF INDIA THROUGH GENERAL MANAGER, NORTH WESTERN RAILWAYS [LAWS(RAJ)-2017-7-145] [REFERRED TO]
HIMACHAL PRADESH STATE ELECTRICITY BOARD VS. SAB INDUSTRIES LTD [LAWS(HPH)-2019-1-13] [REFERRED TO]
MORGAN SECURITIES AND CREDITS PVT. LTD VS. VIDEOCON INDUSTRIES LTD [LAWS(SC)-2022-9-1] [REFERRED TO]
MADHAVA HYTECH ENGINEERS PVT. LTD VS. SUPERINTENDING ENGINEER [LAWS(UTN)-2022-4-113] [REFERRED TO]
MMTC LTD VS. KARAM CHAND THAPAR & BROS (COAL SALES) LTD [LAWS(DLH)-2018-10-473] [REFERRED TO]
IJM GAYATRI JV VS. NATIONAL HIGHWAYS AUTHORITY OF INDIA [LAWS(DLH)-2022-10-145] [REFERRED TO]
MEERA GOYAL VS. PRITI SARAF [LAWS(DLH)-2023-12-12] [REFERRED TO]
VEECON IMPEX INDIA & ORS VS. NATIONAL AGRICULTURAL COOPERATIVE MARKETING FEDERATION OF INDIA LTD [LAWS(DLH)-2018-8-7] [REFERRED TO]
PEL INDUSTRIES LTD & ORS VS. S E INVESTMENT LTD [LAWS(DLH)-2018-4-400] [REFERRED TO]
RASHMI METALIKS LIMITED VS. NEM ENGINEERING PROJECTS PRIVATE LIMITED [LAWS(CAL)-2022-1-12] [REFERRED TO]
UNITED CONVEYOR CORPORATION (INDIA) PRIVATE LIMITED VS. PRAVASH KUMAR MUKHERJEE [LAWS(CAL)-2020-8-17] [REFERRED TO]
J.S. CONSTRUCTION PVT. LTD. VS. CHIEF ENGINEER AND ORS. [LAWS(ORI)-2015-2-10] [REFERRED TO]
SAMBHAV INDUSTRIES (A UNIT OF M/S SURUCHI ELECTRONICS PVT. LTD.) VS. NATIONAL INSURANCE CO. LTD [LAWS(MPH)-2018-1-413] [REFERRED TO]
PERFECT THREAD MILLS LIMITED VS. COMPETENT AUTHORITY (LAND ACQUISITION) CUM SDO, GIRWA & ANR [LAWS(RAJ)-2015-11-162] [REFERRED]
RAJENDRA KUMAR GAUTAM VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2021-9-10] [REFERRED TO]
BOWRING INSTITUTE VS. STATE OF KARNATAKA [LAWS(KAR)-2015-3-483] [REFERRED TO]
VIMALA BHUSHAN VS. AUTHORISED OFFICER YES BANK LIMITED [LAWS(KAR)-2019-1-168] [REFERRED TO]
ANANT HANUMANT ULAHALKAR AND ANR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2016-12-39] [REFERRED TO]
KONKAN IRRIGATION DEVELOPMENT CORPORATION, WATER RESOURCES DEPARTMENT, THANE (WEST) VS. M/S. F. A. ENTERPRISES [LAWS(BOM)-2020-5-131] [REFERRED TO]
MORGAN SECURITIES & CREDITS PVT LTD VS. VIDEOCON INDUSTRIES LTD [LAWS(DLH)-2020-2-52] [REFERRED TO]
BOARD OF TRUSTEES FOR THE PORT OF KOLKATA VS. ABG KOLKATA CONTAINER TERMINAL PRIVATE LIMITED [LAWS(CAL)-2019-4-318] [REFERRED TO]
BUILDWORTH PRIVATE LTD. VS. BHARAT HEAVY ELECTRICAL LTD. [LAWS(GAU)-2021-11-131] [REFERRED TO]
FUTURE MARKET NETWORKS LIMITED VS. LAXMI PAT SURANA [LAWS(CAL)-2022-4-78] [REFERRED TO]
HINDUSTAN PREFAB LTD VS. UNION OF INDIA [LAWS(DLH)-2016-9-348] [REFERRED]
MUNICIPAL COUNCIL THANESAR AND ORS VS. VIRENDER KUMAR AND ORS [LAWS(SC)-2019-2-172] [REFERRED TO]
DIRECTORATE OF ENFORCEMENT VS. OM PARKASH CHAUTALA [LAWS(P&H)-2020-11-128] [REFERRED TO]
PBSAMP PROJECTS PVT. LTD VS. HLV LIMITED FORMERLY HOTEL LEELA VENTURE PVT. LTD. [LAWS(TLNG)-2024-4-35] [REFERRED TO]
AJAY HILORI VS. STATE OF KARNATAKA [LAWS(KAR)-2023-7-1058] [REFERRED TO]
CHIEF ENGINEER VS. V.U. SEEMON [LAWS(KAR)-2023-8-1498] [REFERRED TO]
DELHI DEVELOPMENT AUTHORITY VS. GODFREY PHILLIPS (I) LTD [LAWS(SC)-2022-5-22] [REFERRED TO]
NEPA LIMITED THROUGH ITS SENIOR MANAGER (LEGAL) VS. MANOJ KUMAR AGRAWAL [LAWS(SC)-2022-12-57] [REFERRED TO]
DELHI JAL BOARD VS. MOHINI ELECTRICALS LTD [LAWS(DLH)-2022-7-92] [REFERRED TO]
DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA LIMITED VS. TATA ALDESA JV [LAWS(DLH)-2023-8-119] [REFERRED TO]
DILBAG SINGH CONTRACTOR, SON OF SHRI TEK RAM VS. NORTH WESTERN RAILWAY THROUGH ITS GENERAL MANAGER, NWR HEAD QUARTER, JAWAHAR CIRCLE, JAIPUR [LAWS(RAJ)-2017-7-226] [REFERRED TO]
GALAXY PROPERTIES PRIVATE LIMITED, REP BY ITS DIRECTOR VS. PURAVANKARA PROJECTS LIMITED REP BY ITS JOINT MANAGING DIRECTOR [LAWS(MAD)-2019-2-11] [REFERRED TO]
ANANT H. ULAHALKAR & ANR. VS. CHIEF ELECTION COMMISSIONER AND ORS. [LAWS(BOM)-2016-12-162] [REFERRED TO]
BUMIHIWAY(M)SDN,BHD VS. NATIONAL HIGHWAYS AUTHORITY OF INDIA [LAWS(DLH)-2016-11-18] [REFERRED TO]
HAL OFFSHORE LTD VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-6-60] [REFERRED TO]
ANIL KUMAR SINGHAL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-8-52] [REFERRED TO]
AMIYA STEEL PRIVATE LIMITED VS. STEEL AUTHORITY OF INDIA LIMITED [LAWS(CAL)-2024-2-112] [REFERRED TO]
EXECUTIVE ENGINEER(C) DR-VI VS. BHASIN ASSOCIATES [LAWS(DLH)-2019-3-248] [REFERRED TO]
ARSS INFRASTRUCTURE PROJECTS LTD VS. CALCUTTA HALDIA PORT ROAD COMPANY LTD [LAWS(DLH)-2018-8-308] [REFERRED TO]


JUDGEMENT

- (1.)In view of the reference order dated 13.03.2012, this Civil Appeal and the matters connected therewith are placed before a three-Judge Bench of this Court for consideration and decision. The question before this Court is, whether the decision of this Court in State of Haryana and Others v. S.L. Arora and Company., 2010 3 SCC 690, wherein it is held that an award of interest on interest from the date of award is not permissible under sub- section (7) of section 31 of the Arbitration and Conciliation Act, 1996 (for short, "the Act, 1996"), is in consonance with earlier decisions of this Court. A two-Judge Bench of this Court, by the said reference order, is of the opinion that the present appeal and the connected matters would need to be heard by a Bench of three Judges of this Court.
(2.)By the referral order dated 13.03.2012, it is found that the learned counsel for the appellants therein would doubt the correctness of the decision in the S.L. Arora case in light of McDermott International INC v. Burn Standard Co. Ltd. and Others, 2006 11 SCC 181; Uttar Pradesh Cooperative Federation Limited v. Three Circles, 2009 10 SCC 374; Oil and Natural Gas Commission v. M.C. Clelland Engineers S. A., 1999 4 SCC 327; and Central Bank of India v. Ravindra and Others, 2002 1 SCC 367. Therein, the appellants would contend that, in accordance with the decision of this Court in the aforementioned cases, the interest awarded on the principal amount upto the date of award, becomes the principal amount for the purposes of awarding future interest under the Act, 1996. The appellants would contend that the decision in the S.L. Arora case inadvertently and erroneously assumed that the aforementioned cases would not be applicable to it. Since the decision in the S.L. Arora case negated the above stated principle, the appellants would contend that the said case would require reconsideration by a larger Bench of this Court.
FACTS :

Civil Appeal No.3148 of 2012

(3.)The present civil appeal came before a two-Judge Bench of this Court against a judgment and final order dated 28.07.2010, passed by the High Court of Orissa at Cuttack in Writ Petition (Civil) No. 5302 of 2009. The said Writ Petition was filed challenging the orders dated 19.02.2009 and 26.03.2009, passed by the District Judge, Khurda in Execution Petition No. 17 of 2006, whereby the learned District Judge had issued order of attachment in favour of the appellant herein. The claim in the execution petition was for the payment of Rs.8,92,15,993/-. The said claim included in itself post award interest on the aggregate of the principal amount awarded by the arbitral award and interest pendente lite thereon. By virtue of arbitral award dated 26.04.2000, which was upheld by the Division Bench of the High Court of Orissa by its order dated 28.06.2006, a principal amount of Rs.2,30,59,802/- was awarded in favour of the appellant herein. The said impugned judgment of the High Court of Orissa dated 28.07.2010, inter alia, relied upon the decision of this Court in the S.L. Arora case and quashed the orders passed by the learned District Judge, whereby Rs.8,92,15,993/- was awarded in favour of the appellant. The learned Judges of the High Court, vide the impugned judgment, directed the executing court to re-calculate the total amount payable under the award keeping in view the principles laid down in the S.L. Arora case .


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