Case Comment: South Delhi Municipal Corporation v. Radhey Shyam

Journal of Law & Public Policy, Volume II, Issue 1, pp. 255-264

11 Pages Posted: 21 Jul 2015

See all articles by Badrinath Srinivasan

Badrinath Srinivasan

Independent

Smitha Poovani

National Law School of India University

Date Written: April 22, 2015

Abstract

In South Delhi Municipal Corporation v. Radhey Shyam, the Delhi High Court had to consider the question as to whether a party could save on post-award interest in case of appeal against a decision rejecting a challenge to the arbitral award by merely depositing the Award Amount in the court. The court held that deposit of the Award Amount in the court in such proceedings did not amount to payment to the Respondent and hence, the Petitioner was liable to pay post-award interest even after the date of deposit. This decision is in direct contradiction to the decision of the Supreme Court in HP Housing & Urban Development Authority v. Ranjit Singh Rana. This paper analyses the former decision and argues that it lays down the correct law.

Keywords: Interest, Indian Arbitration and Conciliation Act, 1996, Ranjit Singh Rana, Post Award Interest, Challenge, Arbitral Award

JEL Classification: J52, K41, K39

Suggested Citation

Srinivasan, Badrinath and Poovani, Smitha, Case Comment: South Delhi Municipal Corporation v. Radhey Shyam (April 22, 2015). Journal of Law & Public Policy, Volume II, Issue 1, pp. 255-264, Available at SSRN: https://ssrn.com/abstract=2633089

Smitha Poovani

National Law School of India University ( email )

T.P Line Meerpur cantt
Bangalore, Kanpur 208004
India

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