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Civil · Reportable judgment

North Delhi Municipal Corporation vs M/s S.A. Builders Ltd.

Court
Supreme Court of India
Date
17 December 2024
Case No.
Civil Appeal No. 1878 of 2024
Result
Dismissed
Bench
Abhay S. Oka, Ujjal Bhuyan
Citation
[2024] 12 S.C.R. 1581 : 2024 INSC 988
Acts & Sections
Arbitration and Conciliation Act, 1996 Arbitration Act, 1940 Interest Act, 1978
Supreme Court Reports [2024] 12 S.C.R. 1581 : 2024 INSC 988
Issue for consideration
Whether the Arbitrator had become functus officio after passing of the award dated 16.12.1997 and had no jurisdiction to issue the clarification dated 15.03.2005.
Headnote

Arbitration and Conciliation Act, 1996 – s.31 and s.33(1)

(a) – Appellant contended that the Arbitrator had become functus officio and therefore lacked jurisdiction to issue the clarification:

Held: The interpretation given to Section 33(1) of the 1996 Act and on a cumulative assessment of the attendant facts and circumstances of the case, this Court is of the view that the clarification sought for and issued by the Arbitrator would be covered by the expression unless another period of time has been agreed upon by the parties appearing in Section 33 (1) of the 1996 Act – This is a case where court had permitted the respondent to seek clarification from the Arbitrator beyond the initial period of 30 days whereafter the appellant fully participated in the clarificatory proceeding – Therefore, the present case would be covered by the above expression – In the circumstances, contention of the appellant that the Arbitrator had become functus officio and therefore lacked jurisdiction to issue the clarification cannot be accepted and is thus rejected – That apart, it is not the case of the appellant that the interest portion is covered by the contract agreement between the parties – In the absence thereof, Section 31(7)(a) as well as Section 31(7)(b) of the 1996 Act would have their full effect – The sum awarded would mean the principal amount plus the interest awarded from the date of cause of action upto the date of the award – Thereafter, as per Section 31(7)(b) of the 1996 Act, the sum (principal plus interest) would carry interest @ 18% from the date of the award to the date of payment – This would be consistent with the law laid down by this Court in M/s. Hyder Consulting (UK) Ltd. [Paras 59, 60]

Arbitration and Conciliation Act, 1996 – s.33(1) – Correction and interpretation of award; additional award:

Read the full headnote (1 more paragraph)

Held: As per sub-Section (1), within 30 days from the date of receipt of the arbitral award, a party with notice to the other party, may request the arbitral tribunal to correct any computation errors, any clerical or typographical errors or any other errors of a similar nature occurring in the award – Further, if the parties agree, a party with notice to the other party, may request the arbitral tribunal to give an interpretation of a specific point or part of the award – The period of 30 days contemplated under sub-Section (1) may stand extended to another period of time if agreed upon by the parties – Therefore, ordinarily the time limit for correction of errors or for interpretation of a specific point or part of the award is 30 days from the date of receipt of the arbitral award – However, the limitation of 30 days can be waived for another period of time, if agreed upon by the parties – Question for consideration is what would be the contours of the expression unless another period of time has been agreed upon by the parties, as appearing in subSection (1) of Section 33. [Para 45.1]

Keywords: Section 33 of the Arbitration and Conciliation Act, 1996 · Correction of award · Interpretation of award · Arbitral award · Clerical error · Typographical error · Arbitral Tribunal · Functus Officio · Clarification · Clarificatory proceedings · Lack of jurisdiction · Interest portion · Interest awarded · Date of award · Date of payment

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

Full Judgment Text

Judgment Ujjal Bhuyan, J. Heard learned counsel for the parties. 2. This civil appeal by special leave is directed against the impugned order dated 01.07.2019 passed by a Division Bench of the High Court of Delhi at New Delhi (‘High Court’) disposing of EFA(OS) No. 17/2017 and C.M. No. 20662/2017 (North Delhi Municipal Corporation Vs. M/s. S A Builders Ltd). 3. By the impugned order dated 01.07.2019, the Division Bench held that this Court vide the order dated 12.03.2015 had directed the High Court to decide the issue of interest component payable to the respondent in accordance with the l
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