Fakhruddin Memorial Cghs Ltd. v. M/S Jia Lal Kishori Lal Pvt. Ltd.
Post-award interest – Section 31(7)(b)
Case brief
What is this about?
CM(M) 33/2025, Fakhrudin Memorial CGHS Ltd v M/s Jia Lal Kishori Lal Pvt Ltd, Delhi High Court, order dated 16.01.2025 by Ravinder Dudeja, J. Keywords: post-award interest; 2% higher than current rate of interest; Section 31(7)(b); explanation to Section 31(7)(b); date of award to date of payment; Executing Court; decree holder; modification of order dated 13.12.2024; consent of respondent/judge in agreement; NCERT v Skywing Carriers Pvt. Ltd. 2019 SCC Online 10094; execution proceedings; CM APPL. 1365/2025 (Exemption) allowed; CM APPL. 1364/2025 (Stay). Petition disposed of; no monetary quantum stated.
What did the court decide?
Petition disposed of in terms of the order: the Executing Court's order dated 13.12.2024 stands modified so that the decree holder is entitled to post-award interest @ 2% higher than the current rate of interest prevalent on the date of award, to the date of payment; the Executing Court to determine the current rate of interest as provided in the explanation to Section 31(7)(b). Modification made with the consent of the respondent, having regard to the statutory position and the principles in NCERT v Skywing Carriers Pvt. Ltd., 2019 SCC Online 10094.