EXECUTIVE ENGINEER IRRIGATION BALIMELA Vs. ABHADUTA JENA

JUDGEMENT

(1.) THE Judgment of the court was delivered by -

(2.) THIS group of appeals raises the question of award of interest by an arbitrator to whom a reference is made with out the intervention of the court. Special leave to appeal was granted under Article 136 of the Constitution limited to the question of award of interest during the period prior to the reference and during the pendency of the arbitration proceedings, special leave was not granted in regard to the award of interest subsequent to the date of the arbitrator's award, THIS question, therefore, does not concern us in these appeals.

(3.) THE general statutory provisions in regard to the award of interest by a court are contained in the Interest Act and the Civil Procedure Code. THE Interest Act of 1839 contained only one S. and it was as follows :