Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Civil Procedure Code Order 41 Rule 22 Sections 41 1908 Arbitration Act 1940 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arbitration Act, 1940 (10 of 1940) Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Civil Procedure Code, 1908 - Order 41 Rule 22 - Arbitration Act, 1940 - Sections 41 and 39 - Filing of cross-objections in second appeal - Interest granted in form of damages for period prior to reference - Further interest at 18% p.a. awarded on total amount of award, Earnest Money Deposit and damages - Trial Court made award rule of Court and reduced interest awarded from 18% p.a. to 12% p.a. - No appeal filed by respondent contractor - Appellant filed appeal in High Court in which respondent filed cross objections challenging order of trial court - High Court dismissed the appeal but allowed the cross-objections - On appeal Held, cross-objection is an appeal - Right to file cross-objection is only substantial not procedural in nature but right to file cross-objection under Section 41 is procedural as Section 39 provides that CPC would apply - If there is no right of cross objection under Section 39 it cannot be read into Section 41 - Cross-objection filed before High Court was not maintainable and interference in decree of trial court was unwarranted - Award granting damages by way of interest for the period prior to reference set aside - Interest can be awarded for a period prior to reference only if there is an agreement to that effect or it is allowable under the Interest Act, 1978. |
Judge | Hon'ble Mr. Justice D.P. Wadhwa |
Neutral Citation | 1999 INSC 204 |
Petitioner | Superintending Engineer And Ors. |
Respondent | B. Subba Reddy |
SCR | [1999] 2 S.C.R. 880 |
Judgement Date | 1999-04-26 |
Case Number | 451 |
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