2017 (12) TMI 559

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..... he costs thereafter shall be recovered from the earnest money or pending payment - Held that:- The subject matter covered by the aforesaid impugned direction of the High Court was not one of the items of reference to the Arbitrator. If that is so, after setting aside the award the High Court under Section 37 of the Arbitration and Conciliation Act, 1996 was not competent to issue the direction in .....

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..... 77; 5,81,600/- paid as 60% of the total cost of the Project. 2. ₹ 1,69,405/- as interest on ₹ 5,81,600/-@ 10% from the date of project till the date of payment. 3. Future interest on ₹ 7,51,005/- (Rs.5,81,600/- + ₹ 1,69,405/-) @ 10.% from 01.04.2005till the date of payment. 4. Cost of Arbitration amounting to ₹ 55,000/- incurred by MILKFED. 3. The High Co .....

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..... not one of the items of reference to the Arbitrator. If that is so, after setting aside the award the High Court under Section 37 of the Arbitration and Conciliation Act, 1996 was not competent to issue the direction in question in respect of a subject which was not the subject matter of reference to arbitration. Accordingly, while maintaining the order of the High Court insofar as setting aside t .....

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