Supreme Court of India
M/S BHARAT COKING COAL LIMITED VS. M/S. ANNAPURNA CONSTRUCTION on 27 October 2026
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). OF 2026
(@ SPECIAL LEAVE PETITION (C) NO(S). OF 2026)
[@ D.NO. 50814 OF 2025]
M/S BHARAT COKING COAL LIMITED Appellant(s)
VERSUS
M/S. ANNAPURNA CONSTRUCTION Respondent(s)
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O R D E R
1. Delay condoned.
2. Leave granted.
3. This appeal is directed against the order dated 15.04.2025 by which the High Court in a Petition filed by the appellant under Article 227, affirmed the order dated 20.09.2022 passed by the Executing Court and dismissed the writ petition. The High Court held that the Executing Court was competent to interpret the award for the purposes of execution. The High Court has negatived the contention of the appellant, that the award does not mention the date from which the interest is payable on the award and, therefore, the respondent is entitled to interest with effect from 02.09.2005 i.e., the date on which the second award was passed.
4. We have heard the learned counsel for the respective parties at length.
Digitally signed by KAPIL TANDON Date: 2026.10.28 14:55:19 IST
Reason:
Signature Not Verified
D.NO. 50814 OF 2025
5. For the purpose of this appeal, suffice it to say that the second award which was passed on 02.09.2005 and dealt with claim nos. 7 and 11. The second award does not mention the date from which the interest is payable. Therefore, as regards claim nos. 7 and 11, the interest is required to be computed in consonance with Section 37(1)(b) of the Arbitration and Conciliation Act, 1996. Hence, it is clarified that the respondent shall be entitled to interest insofar as claim nos. 7 and 11 are concerned from the date of the second award i.e., 02.09.2005.
6. To the aforementioned extent, the orders passed by the High Court and the Executing Court are modified.
7. Accordingly, the appeal is disposed of.
8. Pending interlocutory application(s), if any, shall stand disposed of.
………………………………………………………………………J. [PAMIDIGHANTAM SRI NARASIMHA]
………………………………………………………………………J. [ALOK ARADHE] NEW DELHI; OCTOBER 27, 2026
ITEM NO.17 COURT NO.4 SECTION XVII-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 50814/2025 [Arising out of impugned final judgment and order dated 15-04-2025 in CMP No. 879/2022 passed by the High Court of Jharkhand at Ranchi] M/S BHARAT COKING COAL LIMITED Petitioner(s) VERSUS M/S. ANNAPURNA CONSTRUCTION Respondent(s) [FOR FINAL DISPOSAL] IA No. 44310/2026 - CONDONATION OF DELAY IN FILING IA No. 44314/2026 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS IA No. 44311/2026 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 44312/2026 - PERMISSION TO FILE LENGTHY LIST OF DATES
Date : 27-10-2026 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA HON'BLE MR. JUSTICE ALOK ARADHE For Petitioner(s) :Mr. Amit Sharma, AOR Mr. Dipesh Sinha, Adv. Ms. Pallavi Barua, Adv. Ms. Aparna Singh, Adv.
For Respondent(s) :Mr. P.K.Bhatacharya, Adv. Mr. Haraprasad Sahu, Adv. Mr. Pranaya Kumar Mohapatra- 2358, AOR
UPON hearing the counsel the Court made the following
O R D E R
1. Delay condoned.
2. Leave granted.
3. The Civil Appeal is disposed of in terms of the Signed Order.
4. Pending application(s), if any, shall stand disposed of. (KAPIL TANDON) (NIDHI WASON) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR (Signed Order is placed on the file)