Section 31(7), Arbitration and Conciliation
Act, 1996
(a)
Unless otherwise agreed by the parties, where and in so far as an arbitral
award is for the payment of money, the arbitral tribunal may include in the sum
for which the award is made interest, at such rate as it deems reasonable, on
the whole or any part of the money, for the whole or any part of the period
between the date on which the cause of action arose and the date on which the
award is made.
(b) A
sum directed to be paid by an arbitral award shall, unless the award otherwise
directs, carry interest at the rate of eighteen percentum per annum from the
date of the award to the date of payment.
Section 34, Code of Civil Procedure, 1908
Interest
(1)
Where and in so far as a decree is for the payment of money, the Court may, in
the decree, order interest at such rate as the Court deems reasonable to be
paid on the principal sum adjudged, from the date of the suit to the date of
the decree, in addition to any interest adjudged on such principal sum for any
period prior to the institution of the suit, with further interest at such rate
not exceeding six per cent per annum as the Court deems reasonable on such
principal sum, from the date of the decree to the date of payment, or to such
earlier date as the Court thinks fit:
Provided
that where the liability in relation to the sum so adjudged had arisen out of a
commercial transaction, the rate of such further interest may exceed six per
cent, per annum, but shall not exceed the contractual rate of interest or where
there is no contractual rate, the rate at which moneys are lent or advanced by
nationalised banks in relation to commercial transactions.
Explanation
I-- In this sub-section, "nationalised bank" means a corresponding
new bank as defined in the Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1970 (5 of 1970).
Explanation
II-- For the purposes of this section, a transaction is a commercial
transaction, if it is connected with the industry, trade or business of the
party incurring the liability.
(2)
Where such a decree is silent with respect to the payment of further interest on
such principal sum from the date of the decree to the date of payment or other
earlier date, the Court shall be deemed to have refused such interest, and a
separate suit therefor shall not lie.
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