2025 INSC 205

SUPREME COURT OF INDIA

(HON’BLE SANJIV KHANNA, CJI. HON’BLE SANJAY KUMAR, JJ.)

M/S. GOKUL LAMP WORKS PRIVATE LIMITED

Petitioner

VERSUS

MYSORE LAMP WORKS LIMITED

Respondent

Civil Appeal Nos. 2189-2191 of 2025 (arising out of SLP(C) Nos. 22570-22572 of 2024)-Decided on 07-02-2025

Arbitration

Arbitration and Conciliation Act, 1996 – Arbitration award – Post-award interest – Challenge as to - Impugned judgment passed by the High Court which had set aside the award on the question of payment of post- award interest liable to be set aside – Respondent will pay simple interest at the rate of 14% per annum from the date of the award, that is 19.01.2005 till payment(s) is/are made within ten weeks- Appeals disposed of, giving liberty to the parties to file an application before this court in case of difficulty or failure to comply and make payment - In case of delay in payment, this court will revise the rate of interest.

(Para 5 to 7)

ORDER

1. Leave granted.

2. During the hearing, it is accepted that payment of ₹60,94,400/- (Rupees Sixty Lakhs Ninety Four Thousand Four Hundred only) along with pendente lite interest at the rate of 12.75% per annum has been made to the appellant, M/s. Gokul Lamp Works Private Limited. It is also accepted that the appellant, M/s. Thamaka Lamp Components Private Limited, has received the payment of ₹54,37,036/- (Rupees Fifty Four Lakhs Thirty Seven Thousand Thirty Six only) along with pendente lite interest at the rate of 12.75% per annum.

3. The dispute before us only relates to post-award interest, [Awards dated 19.01.2005 passed by the Arbitral Tribunal in Arbitration Case Nos. 58/1998 and 51/1998.] that is, with effect from 19.01.2005 till 09.04.2019 when ₹15,23,600/- (Rupees Fifteen Lakhs Twenty Three Thousand Six Hundred only) was paid/deposited and till 20.01.2023 when Deepak Guglani Date: 2025.02.12 19:44:38 IST ₹91,03,844/- (Rupees Ninety One lakhs Three Thousand Eight Hundred Forty Four only) was paid/deposited. The payments would be set off against the principal amount of ₹60,94,400/- (Rupees Sixty Lakhs Ninety Four Thousand Four Hundred only), for the appellant, M/s. Gokul Lamp Works Private Limited.

4. Similarly, for the appellant, M/s. Thamaka Lamp Components Private Limited, the dispute before us only relates to post-award interest, that is, with effect from 19.01.2025 till 09.04.2019 when ₹13,59,260/- (Rupees Thirteen Lakhs Fifty Nine Thousand Two Hundred Sixty only) was paid/deposited and till 20.01.2023 when ₹81,31,312/- (Rupees Eighty One Lakhs Thirty One Thousand Three Hundred Twelve only) was paid/deposited. The payments would be set off against the principal amount of ₹54,37,036/- (Rupees Fifty Four Lakhs Thirty Seven Thousand Thirty Six only), for the appellant, M/s. Thamaka Lamp Components Private Limited.

5. Having considered the pleas and contentions of the parties, we are inclined to set aside the impugned judgment dated 18.11.2022, [Passed by the High Court in Miscellaneous First Appeal Nos. 2389/2018(AA) and 2390/2018(AA).] which had set aside the award on the question of payment of post- award interest. We direct that the respondent, Mysore Lamp Works Limited, will pay simple interest at the rate of 14% per annum from the date of the award, that is 19.01.2005 till payment(s) is/are made. The impugned order dated 30.05.2024[Passed by the High Court in Review Petition no. 163/2023 in in Miscellaneous First Appeal Nos. 2389/2018(AA) and 2390/2018(AA).] dismissing the review petition filed against the judgment dated 18.11.2022 is also accordingly set aside.

6. A copy of the computation chart/sheet will be furnished and made available to the appellants, M/s. Gokul Lamp Works Private Limited and M/s. Thamaka Lamp Components Private Limited. The aforesaid payment will be made within ten weeks from today. We have passed the above order, as it is pointed out that the respondent, Mysore Lamp Works Limited, was earlier functional but is now being used for public purposes.

7. Appeals are disposed of, giving liberty to the parties to file an application before this court in case of difficulty or failure to comply and make payment. In case of delay in payment, this court will revise the rate of interest.

8. The appeals are partly allowed and disposed of in the above terms.

9. Pending application(s), if any, shall stand disposed of.

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