eng
competition

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Mynotes_247 MP HIGH COURT JJA ENGLISH TYPING MOCK TEST

created Dec 30th 2024, 03:18 by Anamika Shrivastava


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351 words
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In the award, he had granted simple interest whereas by way of clarification, the same was changed to compound interest. It is settled law that Section 33 is the only provision in the 1996 Act which allows correction of clerical errors. In the garb of clarification or correcting clerical errors, learned Arbitrator introduced substantial change in the award. In any view of the matter, the power under Section 33 of the 1996 Act could not have been exercised by the learned Arbitrator more than 6 years after passing of the award. Thus it is clear that Section merely authorises the Arbitral Tribunal to award interest in accordance with the contract and in the absence of any prohibition i the contract and in the absence of specific provision relating to interest in the contract, to award simple interest at such rates as it deems fit from the date on which the cause of action arose till the date of payment. It also provides that if the award is silent about interest from the date of award till the date of payment, the person in whose favour the award is made will be entitled to interest at 18% per annum on the principal amount awarded, from the date of award till the date of payment. The calculation that was made in the execution petition as originally filed was correct and the modification by the respondent increasing the amount due under the award was contrary to the award. It was further submitted that the acts of the Borrower and the Subsequent Transferee to immediately enter into the Assignment Agreement after redeeming the mortgage of the Secured Asset had been done only to undermine the authority of this Court The contention of the respondents that they were well within their rights to enter into the above transaction since there was no stay or prohibitory order by this Court is patently erroneous and devoid of merit. It was submitted that on the first day of hearing since the impugned order of the High Court was of available, no effective hearing took place and as such this

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