1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.251 OF 2002 IN ARBITRATION PETITION NO.486 OF 2001 IN AWARD NO.26 OF 2001 ... Hindustan Shipyard Ltd. ..Appellant v/s. M/s.Tolani Shipping Ltd. ..Respondent ... Mr.Vishal Sheth i/b R.A.Fernandes for the Appellant. Mr.M.S.Doctor with Mr.Kunal Shah i/b Bhatt & Saldhana for Respondent. ... CORAM: D.K.DESHMUKH & V.R.KINGAONKAR,JJ DATED: 18th March, 2010 P.C.: 1. By this Appeal the Appellant challenges the order dated 8th October, 2001 passed in Arbitration Petition No.486 of 2001. That Arbitration Petition was filed by 2 the Petitioner raising objection to the award made under the Arbitration Act, 1940. The learned single Judge has disposed of this objection by order dated 8th October, 2001. The only part of the order against which the grievance is made in this Appeal reads as under: It was argued on behalf of the Petitioners that considering the law in the matter of interest, as set out in Secretary, Irrigation Department, Government of Orissa and Ors. v/s. G.C.Roy, AIR 1992 S.C.732, it was within the discretion of the Arbitrators to award pendente lite interest or not. The contention is that no interest should be awarded between the period 1-11-1988 and 18-11-1996 as the arbitral proceedings were not carried on because of other disputes between the some parties were being adjudicated. It was within the jurisdiction of the arbitral tribunal and within their discretion to award interest. That being so and as the current rate of interest, during that period was around 10% as the agreement did not provide for payment of interest, no interference can be called for with exercise of discretion by the Arbitrators in so far as subject matter which is in issue and 3 concluded by this Court and as there was no challenge to the award in respect of these items. 2. We have heard the learned Counsel appearing for both sides. It is clear from the record that before the same Arbitrators several disputes between the same parties were pending. The Arbitrators decided to take up those disputes for consideration first and therefore, the disputes with which we are concerned remained pending before the Arbitrators for the period from 1-11-1988 to 18-11-1996. The arbitrators, therefore, considering that the dispute remained pending unattended because of their pre-occupation with the other disputes between the same parties, found that it will not be proper to award any interest on the claims awarded by them. Decision whether to award any interest for the aforesaid period on the claims or not to award any interest on the claims for the 4 aforesaid period was clearly within the jurisdiction of the Arbitrators. In our opinion, the learned single Judge has rightly held that it being a matter solely within the jurisdiction of the arbitrators and as the arbitrators have taken a particular view, which is a possible view, the court will not be justified in interfering with the same. It is further to be seen that it is apparent from the order of the learned single Judge that it was virtually an order passed by consent of parties. Appeal disposed of. (D.K.DESHMUKH, J.) (V.R.KINGAONKAR,J.)