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Civil · Reportable judgment

HLV Limited (Formerly Known as Hotel Leelaventure Pvt. Ltd.) vs PBSAMP Projects Pvt. Ltd.

Court
Supreme Court of India
Date
24 September 2025
Case No.
Civil Appeal No. 12234 of 2025
Result
Allowed
Bench
Manoj Misra, Ujjal Bhuyan
Citation
[2025] 9 S.C.R. 1378 : 2025 INSC 1148
Acts & Sections
Arbitration and Conciliation Act, 1996
Supreme Court Reports [2025] 9 S.C.R. 1378 : 2025 INSC 1148
Issue for consideration
Whether in the facts and circumstances of the case, the decree holder (respondent) would be entitled to interest upon interest in terms of s.31(7)(b), Arbitration and Conciliation Act, 1996 or the interest awarded by the arbitral tribunal in the award in terms of the memorandum of understanding (MoU) entered into between the parties i.e. between the appellant and the respondent fulfil the requirement of s.31(7)(a) and (b) of the said Act.
Headnote

Arbitration and Conciliation Act, 1996 – s.31(7)(a), (b) – High Court set aside the order of the Executing Court rejecting the petition filed by the respondent-decree holder for enforcement of the arbitral award on the ground that respondent is not entitled to compound interest and that the amount paid by the appellant-judgment debtor to the respondent was in full satisfaction of the award – Respondent, if entitled to interest upon interest in terms of s.31(7)(b) or the interest awarded by the arbitral tribunal in the award in terms of the MoU entered into between the parties fulfil the requirement of s.31(7)(a) and (b):

Held: 1.1 Clause 6(b) of the MoU expressly provided that in the event of termination of the MoU, the appellant must refund all advances with interest at the rate of 21% per annum from the respective dates of disbursement till repayment – Thus, in the light of the express provision contained in clause (a) of sub-section (7) of s.31, the arbitral tribunal awarded interest in terms of the MoU from the date of the cause of action till the date of repayment – As the arbitral tribunal had expressly provided interest till the date of repayment, question of additional or compound interest under clause (b) of sub-section (7) of s.31 would not arise. [Para 29]

1.2 Arbitral tribunal in its award complied with the MoU agreed by and between the parties – Thus, it exercised its discretion within the overall framework of s.31(7) aligning with the legislative intent that the award, rather than the statutory default, should govern the parties, more so in a case as in the present one where the parties themselves made provision for interest throughout. [Para 29]

1.3 Reliance placed by the respondent on Hyder Consulting case to claim post-award interest is misplaced – That principle would apply only when the arbitral tribunal leaves a matter unqualified or is silent – In the present case, the arbitral tribunal bound by the MoU and exercising its statutory discretion had already specified the interest rate (21% per annum) and the duration (until repayment). [Para 30]

1.4 The MoU did not stipulate compounding of interest; the arbitral tribunal did not award compound interest; therefore, respondent cannot at the stage of execution seek to introduce claim of compound interest by drawing on general principles. [Para 31]

Read the full headnote (5 more paragraphs)

1.5 High Court not justified in setting aside the order of the executing court and remanding the matter for fresh determination – Impugned judgment set aside – Order of the executing court restored. [Paras 32, 33]

Arbitration and Conciliation Act, 1996 – s.31(7)(a), (b) – ‘sum’; ‘unless the award otherwise directs’:

Held: 1.1 From a conjoint analysis of s.31(7)(a) and s.31(7)(b), it is discernible that insofar award of interest from the date on which the cause of action arose till the date of the award is concerned, the legislative intent is that the parties possess the autonomy to determine the interest and the rate of interest for the aforesaid period – Clause (a) i.e. discretion of the arbitral tribunal to award interest is subject to agreement by and between the parties – Therefore, party autonomy takes precedence over the discretion of the arbitral tribunal. [Para 20]

1.2 However, clause (b) is subject to award of interest by the arbitral tribunal – As per clause (b), the ‘sum’ directed to be paid under an arbitral award shall carry interest at the rate of 18% per annum from the date of the award to the date of payment ‘unless the award otherwise directs’ – Therefore, this provision is subject to award of interest by the arbitral tribunal – If it awards interest, then the same shall be applicable from the date of the award till the date of payment; if not, then the ‘sum’ as adjudged under clause

(a) shall carry interest at the rate of 18%. [Para 20]

Keywords: Section 31(7)(a), (b), Arbitration and Conciliation Act, 1996 · Interest upon interest · Compound interest · Stage of execution · Memorandum of understanding (MoU) · Interest in terms of MoU · Termination of MoU · Arbitral tribunal bound by MoU · Interest till the date of repayment · Additional or compound interest · Post-award interest · Party autonomy · Executing Court

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Ujjal Bhuyan, J. Leave granted. 2. This appeal by special leave is directed against the judgment and order dated 22.04.2024 passed by the High Court for the State of Telangana at Hyderabad (High Court) in Civil Revision Petition No. 60 of 2024 (PBSAMP Projects Private Limited Vs. HLV Limited). By the impugned judgment and order, the Division Bench of the High Court set aside the order dated 02.11.2023 passed by the Principal Special Court in the cadre of District Judge for trial and disposal of commercial disputes at Hyderabad (referred to hereinafter as ‘the Executing Court’) in
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