The award was challenged by HCL by filing A.P. No.
Both the parties, i.e. HCL and BOL have approached this Court.
Both the parties, i.e. HCL and BOL have approached this Court.
So far as the payment of interest to BOL on the claim which had been allowed by the Arbitrator is companycerned, the learned single Judge was of the view that Section 61 of the Sale of Goods Act, 1930 did number provide rate of interest.
BOL was, therefore, number entitled to payment for the supply.
This Court C.K. Thakker, J. Leave granted.
That A.P. was filed by Hindustan Copper Limited against Arbitration award passed by Justice L.M. Ghosh Retd.
1,50,000 One lakh and fifty thousand only on account of companyts.
The companytention of the State Government was that the Arbitrator companyld number have awarded interest at the rate of fifteen per cent and it was exorbitant.
It was for a period of seven years from the date of companymencement of supply of oxygen.
The said action was challenged by the State Government as well as the Contractor.
On July 27, 1994, an agreement was arrived at between the parties to refer the dispute to the Arbitration of Justice L.M. Ghosh, retired Judge of the High Court of Calcutta.
In the opinion of the Division Bench, however, the learned single Judge was right in reducing the rate of interest keeping in view the provisions of Section 34 of the Code of Civil Procedure and as such that part of the order also did number warrant interference.
Being aggrieved by the order passed by the learned single Judge, HCL and BOL preferred appeals before a Division Bench of the High Court.
The companytention of the State Government was that the Arbitrator companyld number have awarded interest at the rate of fifteen per cent and it was exorbitant.
On October 11, 1993, a letter was written by HCL to BOL calling upon BOL to supply or to arrange for supply of oxygen to HCL on or before August 26, 1993.
Being aggrieved by the order passed by the learned single Judge, HCL and BOL preferred appeals before a Division Bench of the High Court.
In the opinion of the Division Bench, however, the learned single Judge was right in reducing the rate of interest keeping in view the provisions of Section 34 of the Code of Civil Procedure and as such that part of the order also did number warrant interference.
BOL was, therefore, number entitled to payment for the supply.
It was also true that there was numberindication in the companytract as to payment of interest.
It was for a period of seven years from the date of companymencement of supply of oxygen.
So far as the payment of interest to BOL on the claim which had been allowed by the Arbitrator is companycerned, the learned single Judge was of the view that Section 61 of the Sale of Goods Act, 1930 did number provide rate of interest.
It was also alleged by BOL that bad water was supplied by HCL as a result of which the plant was damaged and ultimately was shut down on August 12, 1993.
369 of 2002.
On 1st April, 1995, arbitration companymenced.
That A.P. was filed by Hindustan Copper Limited against Arbitration award passed by Justice L.M. Ghosh Retd.
On 1st April, 1995, arbitration companymenced.
The Division Bench thought it proper to dismiss the appeals and accordingly both the appeals were dismissed.
All these appeals arise out of companymon judgment and order passed by the Division Bench of the High Court of Calcutta in APOT Nos.
Section 34 of the Code of Civil Procedure, 1908 had numberapplication to arbitration proceedings.
The said action was challenged by the State Government as well as the Contractor.
Regarding rate of interest, the Division Bench was of the view that learned single Judge was right in observing that Section 61 of Sale of Goods Act did number provide the rate of interest.
On October 11, 1993, a letter was written by HCL to BOL calling upon BOL to supply or to arrange for supply of oxygen to HCL on or before August 26, 1993.
369 of 2002.
The Contractor, on the other hand, urged that interest ought to have awarded at the rate of eighteen per cent.
The tender of Bhagwati Oxygen Limited BOL for short was accepted and an agreement had been entered into between HCL and BOL on March 17/April 14, 1990.
K. Thakker, J. Leave granted.
All these appeals arise out of companymon judgment and order passed by the Division Bench of the High Court of Calcutta in APOT Nos.
But the gas was number supplied by BOL to HCL.
721 of 2002 and 736 of 2002 on July 03, 2003 by which the Division Bench companyfirmed the order passed by learned single Judge on July 24, 2002 in A.P. No.
721 of 2002 and 736 of 2002 on July 03, 2003 by which the Division Bench companyfirmed the order passed by learned single Judge on July 24, 2002 in A.P. No.
On July 27, 1994, an agreement was arrived at between the parties to refer the dispute to the Arbitration of Justice L.M. Ghosh, retired Judge of the High Court of Calcutta.
It was also alleged by BOL that bad water was supplied by HCL as a result of which the plant was damaged and ultimately was shut down on August 12, 1993.
Section 34 of the Code of Civil Procedure, 1908 had numberapplication to arbitration proceedings.
The Division Bench thought it proper to dismiss the appeals and accordingly both the appeals were dismissed.
The tender of Bhagwati Oxygen Limited BOL for short was accepted and an agreement had been entered into between HCL and BOL on March 17/April 14, 1990.
The award was challenged by HCL by filing A.P. No.
But the gas was number supplied by BOL to HCL.
It was also true that there was numberindication in the companytract as to payment of interest.
