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2015 (1) TMI 65 - SUPREME COURTAward of interest – Held that:- Respondent tried to persuade to enhance the post-Award interest granted by the Arbitral Tribunal @ 10.5% to 18% p.a. in the light of provisions in Section 31(7)(b) of the Act – the contention cannot be accepted because the Arbitral Tribunal has already granted post-Award interest @ 10.5% - Only if the Award had not made such a direction, the statutory rate of interest @ 18% p.a. would have been payable from the date of the Award to the date of payment as per statutory provision - the order under appeal ought not to have approved grant of any pre-Award interest. Crane hire charges – Held that:- Clause 12 and other sub-clauses show that a high capacity crane (250 T) is included in the Tools and Plants which will be provided by BHEL to the respondent free of charge as per provisions of contract on availability but only upto “drum lifting of Unit II” as specified in clause 12.2.2 - There is no provision either in the Work Order or in the Agreement/Tender Document to entitle the respondent to claim that it was not obliged to pay the higher charges as fixed, subject to the conditions laid down by BHEL from time to time in respect of user of crane for Unit No. III - To the contrary, the extracts from the Tender Document contain a clear stipulation for recovery of such charges from the contractor’s bill/security deposit in one instalment - the learned Division Bench has not kept in mind the provisions in the Work Order and the Tender Document. BHEL was neither required to issue any notice for exercising its right to recover crane hire charges for Unit III, nor was it required to deduct such charges from the running bills of the respondent - the crane hire charges claimed by the appellant were wrongly disallowed by the order under appeal passed by the Division Bench – thus, the appellant is entitled for crane hire charges and, therefore, that amount needs to be deducted from the amount payable to the respondent under the Award on other heads – the appellant is not liable to pay any pre-Award interest and the interest @ 10.5% p.a. shall be payable by the appellant only from the date of Award till the date of payment on the Award amount now found payable, if any – Decided partly in favour of appellant.
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