LAWS(KAR)-1993-12-24

STATE OF KARNATAKA Vs. R S SHETTY

Decided On December 15, 1993
STATE OF KARNATAKA Appellant
V/S
R.S.SHETTY Respondents

JUDGEMENT

(1.) DELAY in filing these appeals is condoned and the matters are taken up for hearing at the admission stage itself by consent of parties. After hearing both the learned counsel, we pass the following order.

(2.) THE first contention urged by Sri H.J. Sunder kumar, THE learned high court government advocate, is that grant of interest by THE court for THE period during which THE matters were pending before it, is in excess of what is provided under Section 34, C.P.C.

(3.) THE second contention urged by THE learned government Advocate is that THE interest awarded for THE period subsequent to THE date of decree is also in excess of what is provided under Section 34 of C.P.C. Section 29 of THE Arbitration Act, 1940 empowers THE court for granting interest from THE date of THE decree at such rate as THE court deems reasonable, to be paid on THE principal sum as adjudged by THE award and confirmed by THE decree. What has been done in THE instant cases is, that in view of THE fact that no objections were filed by THE parties, THE awards have been made THE Rule of THE court and' interest is granted in terms of THE Provisions of Section 29 referred above.