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TMI Blog2019 (8) TMI 477X X X X Extracts X X X X X X X X Extracts X X X X ..... e statutory interest to 6% p.a. from 18% p.a. as awarded by the Arbitrator. The appellant has questioned the reduction of the interest in this appeal. 2. The appellant is a registered partnership firm engaged in civil construction projects for the government of Uttar Pradesh. The appellant entered into an agreement dated 08.07.1993 with the Superintendent Engineer, Drainage Division, District Gonda, U.P. for work related to the Gola Pump House. Owing to certain disputes that arose between the parties with respect to the rate of payment for additional work under the agreement, the appellant served a notice invoking arbitration on the respondents and filed the claim petition on 11.09.1999. Shri B.M. Arora was appointed as the sole Arbitrato ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 24 of the U.P. Amendment Act. 5. Being aggrieved by the aforesaid judgment dated 28.10.2006, both the parties filed F.A. F.O. Nos. 3728 of 2007 and 947 of 2007 before the High Court. The High Court by way of impugned common final judgment and order has dismissed both the appeals. In the course of the order, the High Court has observed that the District Judge has correctly reduced the rate of interest from 18% p.a. to 6% p.a. in view of para 7A of Section 24 of the U.P Amendment Act. 6. Learned counsel for the appellant submits that the arbitration proceedings were commenced on 27.10.1999 under the Act of 1996 and the provisions of Arbitration Act, 1940 will have no application to the proceedings between the parties. The U.P. Amendme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as come into force with effect from 23.10.2015, is relevant for the purpose of this case, empowers the Arbitrator to award pre-award and post-award interest. This Section clearly states that unless otherwise specified, the awarded sum would carry an interest @ 18% p.a, as extracted below: "31. Form and contents of arbitral award - (7)(a) Unless otherwise agreed by the parties, where and in so far as an arbitral award is for the payment of money, the arbitral tribunal may include in the sum for which the award is made interest, at such rate as it deems reasonable, on the whole or any part of the money, for the whole or any part of the period between the date on which the cause of action arose and the date on which the award is made. (b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application to the case at hand. Since the rate of interest granted by the Arbitrator is in accordance with Section 31(7)(b) of the Act of 1996, the High Court and the District Judge were not justified in reducing the rate of interest by following the U.P. Amendment Act. 13. The appeal, therefore, succeeds and it is accordingly allowed. The judgments of the High Court of Judicature at Allahabad dated 05.12.2007 in F.A.F.O Nos.3728 and 947 all of 2007 and the order of the District Judge, Gorakhpur in Misc. Case No.5 of 2002 dated 28.10.2006 are set aside only insofar as reduction of rate of interest is concerned. The interest awarded by the Arbitrator in accordance with Section 31(7)(b) of the Act of 1996 is restored. 14. There will be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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