DEVCHAND CONSTRUCTION THOKKOTTU PERMANNUR POST MANGALORE - 574183 REPRESENTED BY ITS PROPRIETOR, SRI. DINKAR ULLAL S/O. LATE 321, CHANDAPPA ULLAL Vs. THE DIVISIONAL RAILWAY MANAGER (WORKS) SOUTHERN RAILWAY PALAKKAD DIVISION PALAKKAD KERALA AND S

JUDGEMENT

(1.) THE question of law involved in these appeals is one and the same, that is question of interest.

(2.) BY consent of the learned counsel for the parties, these appeals are taken up for final hearing and are disposed of by this common judgment.

(3.) THE learned counsel for the appellant submits that in the contract entered into between the parties there is an express provision prescribing awarding interest from the date of claim petition till the date of award. He also submits that the Arbitrator has the power to award interest and the Arbitrator has not awarded interest, it is exfacie illegal. Lastly, he submitted that the amount, which was ordered to be paid to the appellant, was due nearly 11 years back. It is injustice to deny the benefit of the interest. The appellant filed a memo stating that he is not claiming any interest, subsequently, he filed, the appeal to withdraw the memo.