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V.K. Madhok Vs. Union of India - Court Judgment

LegalCrystal Citation
SubjectArbitration
CourtDelhi High Court
Decided On
Case NumberFirst Appeal No. 68 of 1980
Judge
Reported inAIR1982Delhi332; 21(1982)DLT60a; 1982(3)DRJ285; 1982RLR337
ActsArbitration Act, 1940 - Sections 15 and 34(1); Code of Civil Procedure (CPC), 1908 - Sections 34
AppellantV.K. Madhok
RespondentUnion of India
Advocates: A.B. Saharia,; D.P. Wadhawa and; Madan Lokur, Advs
Excerpt:
(a) arbitration act. 1940 - sections 15 and 30. award of interest pendente lite is entirely discretionary with the arbitrator. the court ought not interfere with the arbitrator's discretion. (b) arbitration act, 1940 - section 34(1) code of civil procedure. section 34, code of civil procedure does not apply to arbitration. neither its provision nor explanationns have any application to awards. the power to order interest on award from the date of the decree to payment is regulated by section 29 of the act and not by section 34, code of civil procedure. - (1) award of interest pendente lite is entirely discretionary with the arbitrator. the court ought not interfere with the arbitrator's discretion.
Judgment:

(1) Award of interest Pendente lite is entirely discretionary with the Arbitrator. The court ought not interfere with the arbitrator's discretion.


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