2026ArbitrationHigh CourtJune 2026LatestLegal

Arbitral Award for Interest at 18% at pre, pendente lite & post-arbitration

On the facet of interest, the grant of interest at 18% compounded at quarterly rests is squarely in conflict with the calibrated bargain entered into by the parties in the Agreement. That apart, there was no scope to regard the parties as having agreed for compounding of interest at quarterly rests, and the attempt to justify it by reference to the interest burden borne by KTIPL with its lenders, nudges the award of interest from the realm of interest to the realm of assessment of damages;

, interference with the Impugned Award is warranted because of the manner of grant of pendente lite as well as post-award interest at the rate of 18% compounded quarterly. However, such interference can be eminently restricted to just the element of award of interest without disturbing the rest of the Impugned Award. Therefore, deploying the principles of law declared in Gayatri Balasamy, it would only be appropriate to restrict the intervention to quashing and setting aside the facet of grant of interest as made in the Impugned Award

Judgment dated 12.6.2026 of the High Court of Bombay in Arbitration Petition NO.262 of 2024 of Public Works Department Got of Maharashtra National Highways  Vs. Khare and Tarkunde Infrastructure Pvt Ltd with connected matters.

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