STATE OF RAJASTHAN Vs. NAVBHARAT CONSTRUCTION COMPANY

JUDGEMENT

(1.) C. A. No. 8115 of 2001 @ SLP (C) No. 7192 of 2001.

(2.) Learned Senior Counsel Mr. Ashwani Kumar Appearing for the appellant contended that the judgment and decree passed by the High Court confirming the award made by the arbitrator is on the face of it illegal because :-

(3.) As against this, Mr. G. L. Sanghi learned senior counsel for the respondent as well as the respondent who is appearing in person submitted that in the written statement counter-claim or set off was neither pleaded nor proved by the appellant before the arbitrator. He also contended that in case of claims raised by the respondent after preparation of final bill, there is no question of application of Order 2 Rule 2 CPC as rightly held by the arbitrator and the Court below. For the contention based on clause 23 of the Agreement, it is submitted that the appellant never contended before the arbitrator that clause 23 provides for non-payment of interest in such cases. It is pointed out that neither before the arbitrator nor before the courts below, it was contended that arbitrator had no authority to grant interest in view of clause 23. Only contention which was raised was with regard to grant of interest pendente lite for which reliance was placed on various decisions of this Court.