MOHINDER SINGH Vs. BOARD OF TRRUSTEES

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the final order dated 20th of December, 2007 passed by a Division Bench of the High Court of Judicature at Bombay in Appeal No. 1215 of 1998, which arose out of an Arbitration Petition No. 30 of 1995, by which the Division Bench had refused to grant interest to the appellant on a sum of Rs. 30.00,000/- (Thirty Lacs) awarded by the learned Arbitrator from the date of decree i.e. 10th of June, 1998 till payment or realization.

(3.) It is the aforesaid order, which is under challenge before us. We have heard the learned Counsel for the parties and after going through the impugned order, we are of the view that the order of the High Court is liable to be set aside on the ground that it was not a speaking or a reasoned order and the impugned order was passed without applying its mind. The learned Counsel appearing on behalf of the respondent however, draws our attention to the merits of the prayer of the appellant and then contended that the appellant was not entitled to raise the said prayer as the award that was passed by the Arbitrator was not challenged by the appellant. We are not inclined to go into this question as the said question can be gone into by the High Court while deciding the prayer for grant of interest from the date of the decree till payment or realization.