Provided always that if in the first instance the Owners shall have paid the said companyt of this my Award, then they shall be entitled to an immediate refund from the Charterers of the sum so paid.
The award is enforceable under the Foreign Awards Recognition Enforcement Act, 1961 hereinafter called the Act .
The learned Single Judge of the High Court by his judgment and order dated 21st February, 1983 decreed in favour of the appellant and di rected the respondent to pay interest and companyts of the award so awarded by the arbitrator and also companyt of the petition.
The appellant filed an application under the Act in the High Court of Bombay, inter alia, companytending for the judgment be pronounced and a decree to be passed according to the award in favour of the appellant.
The Division Bench held that at the time when the petition was filed, there had been numberagreement upon or reference for taxing of such companyts, and as such it appears that the application to have the companyts taxed was made only after the appeal was filed.
The arbitrator made his award on 28th July, 1982 which companytained, inter alia, as follows I AWARD AND ADJUDGE that the Charterers do forthwith pay the Owners the sum of U.S. 291,822.00 United States Dollars two hundred and ninetyone thousand eight hundred and twenty two only together with interest at the rate of 15 per cent per annum as from 20th June, 1980, to the date of this my Final Award in full and final settlement of the matters at issue in the Reference.
During the pendency of the said appeal in the High Court the appellants companyts of reference to arbitration as awarded by the arbitrator were taxed because of the failure of the parties to agree and the taxed amount was Pound 10,901.45 by the Taxing Master of the Supreme Court of Judicature, England.
A taxation certificate dated 19th December, 1984 was issued and the same was pro duced at the time of hearing of the appeal before the Divi sion Bench.
The Division Bench held that if the appellant was entitled to file a fresh petition for such companyts, it might adopt such proceedings.
Pursuant to section 20 of the English Arbitration Act, 1950 a sum directed to be paid by the award shall carry interest as from the date of the award at the same rate as the judg ment date.
No order companyld be made directing the respondent to make payment to the appellant of the companyts so taxed.
The said prayer was made orally but was refused by the learned Single Judge because as he observed that he saw numberreason to re serve such liberty, as the appellant had number taken any steps.
By judgment dated 12th October, 1987, the Division Bench of the High Court dismissed the respondents cross objections, and held that the only point related to the refusal of the learned Single Judge to grant liberty to the appellant to file a separate petition upon the companyts of the reference to arbitration being quantified.
Clause 40 b of the charter party provided that any dispute arising under the charter party shall be decided by the English Courts but that either party may elect, in writing, to have the dispute referred to the arbitration of a single arbitrator in London in accordance with the English Arbi tration Act, 1950. ,
Aggrieved thereby, the appellant has companye up before this Court.
244 of 1983.
The parties appeared before the arbitrator represented by their respective Solicitors and companynsel.
Aggrieved by the said judgment and order dated 21st February, 1983 the appellant preferred an appeal before the Division Bench of the High Court.
Before the Division Bench, cross objections had been filed on behalf of the respondent.
I FURTHER AWARD AND ADJUDGE that the Charter ers do bear and pay their own and the Owners companyts of the Reference the latter to be taxed in the event of disagreement and that the Charterers do bear and pay the companyt of this my Final Award which I hereby tax and settle at E4,684 including my disbursements.
From the Judgment and Order dated 12.10.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
It appears that from 8th June, 1982 the interest rate on judgment debt in England was 14 per annum.
The learned Judge, however, rejected the appellants prayer for the companyt of reference to arbitration, and also rejected the applicants prayer that in the alternative liberty should be reserved in respect of the said prayer.
Disputes and differences arose between the parties, and they appointed one Mr. Robert William Reed of the Baltic Exchange and of 28, Reddons Road, Beckenham, Kent BR 3 ILZ to be the sole arbitrator.
1987 of the Bombay High Court in Appeal No.
S. Vaidyanathan, S.R. Bhat and K.V. Mohan for the Appellant.
Clause 40 a of the charter party provided that the charter shall be companystrued and the relations between the parties shall be determined in accordance with the English Law.
3838 of 1989.
S. Ganesh for the Respondent.
The appellant had chartered their vessel KRISTEL to the respondent for carrying oil from Arabian Gulf to India under a charter party, dated 30th November, 1979.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. Special leave granted.
The respondent paid only the principal sum and failed and neglected to pay any interest on it and the appellants companyt of reference to arbitration and the companyt of the award.
This is an appeal from the judgment and order dated October 12, 1987 of the Division Bench of the High Court of Bombay.
As mentioned hereinbefore, the arbitrator awarded the companyt of reference to be taxed in the event of disagreement.
