Severability of arbitral awards permits removal of unclaimed interest while preserving bonus and conditional GST reimbursement.
Arbitral interest granted on an unclaimed claim exceeded the scope of the reference and was set aside as a severable award component, without disturbing the remaining award. Early-completion bonus remained payable because the contractual extension for force majeure-related delay adjusted the justified completion date but did not bar bonus; the tribunal's plausible contractual interpretation attracted no Section 34 interference absent patent illegality, public-policy breach, lack of evidence, or inadequate reasons. Reimbursement of GST actually payable or paid on awarded sums also remained operative, with taxability depending on whether each component represented consideration for work or compensation for breach, delay, loss, or damages.
Issues: (i) Whether bonus under clause 2A was payable after accounting for the 138-day extension under clause 5.2. (ii) Whether the arbitral award of interest on Claim No. 2, which had not been claimed, was valid and severable. (iii) Whether the direction to reimburse GST actually payable or paid on the awarded amount warranted interference.
Issue (i): Whether bonus under clause 2A was payable after accounting for the 138-day extension under clause 5.2.
Analysis: Clause 2A makes early-completion bonus payable where work is completed before the stipulated or justified extended completion date. Clause 5.2 covers delays arising from force majeure and similar events and only bars a claim for damages arising from extension of time; it does not prohibit bonus. The acknowledged hindrance period under clause 5.2 therefore affected the completion deadline for determining whether the work was completed early. Interpretation of contractual terms falls within the arbitral domain, and interference under Section 34 of the Arbitration and Conciliation Act, 1996 is unavailable where the interpretation is plausible and does not disclose patent illegality, public-policy violation, absence of evidence, or absence of reasons.
Conclusion: The bonus awarded under Claim No. 1 was valid; the challenge to that component failed.
Issue (ii): Whether the arbitral award of interest on Claim No. 2, which had not been claimed, was valid and severable.
Analysis: Interest had been sought only in relation to Claim No. 1. The grant of interest on Claim No. 2 consequently travelled beyond the scope of the arbitral reference. Under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996, an invalid component may be severed from an otherwise valid award where it is separable.
Conclusion: The interest awarded on Claim No. 2 was invalid and was set aside as a severable part of the award.
Issue (iii): Whether the direction to reimburse GST actually payable or paid on the awarded amount warranted interference.
Analysis: Tax consequences of arbitral awards depend upon the character of each awarded component. Amounts constituting consideration for additional work, escalation, or revision of contract value may attract GST, whereas compensation for breach, delay, loss, or damages may not constitute a supply. The direction was limited to reimbursement of GST only where it was actually payable or paid.
Conclusion: The GST reimbursement direction under Claim No. 7 was retained; the challenge to that component failed.
Final Conclusion: Only the severable interest component relating to unclaimed Claim No. 2 was annulled; the early-completion bonus and the direction for reimbursement of GST, if payable, remain operative.
Ratio Decidendi: Under Section 34, a severable arbitral-award component granting relief outside the arbitral reference may be set aside without disturbing valid components founded on a plausible contractual interpretation.