https://www.taxtmi.com/caselaws?id=187837 A contractual requirement that the Superintending Engineer first decide a dispute before arbitration was treated as a procedural precondition capable of waiver, not an absolute bar. Where the State delayed or frustrated that step, later agreed to appoint arbitrators, and did not persist with its objection, it could not rely on non-compliance to defeat arbitration. Interest for the pre-reference period was disallowed because it was unsupported by statute, contract, usage, or custom. Interest pendente lite, however, was upheld as permissible in appropriate cases, so the award stood substantially, with only pre-reference interest excluded. en-us Fri, 05 Feb 1999 00:00:00 +0530 Tue, 08 Nov 2016 17:55:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=187837 A contractual requirement that the Superintending Engineer first decide a dispute before arbitration was treated as a procedural precondition capable of waiver, not an absolute bar. Where the State delayed or frustrated that step, later agreed to appoint arbitrators, and did not persist with its objection, it could not rely on non-compliance to defeat arbitration. Interest for the pre-reference period was disallowed because it was unsupported by statute, contract, usage, or custom. Interest pendente lite, however, was upheld as permissible in appropriate cases, so the award stood substantially, with only pre-reference interest excluded. Case-Laws Indian Laws Fri, 05 Feb 1999 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=187837