(1.) THE present appeal arises from the judgement and decree dated 20.7.1988 passed by the lower Court in Special Civil Suit No.167/88, whereby the suit is decreed for the amount of Rs.17,70,186/- with the interest at the rate of 11% per annum for the pre-arbitration period on the amount of Rs.8,32,086/- and with the interest at the rate of 18% per annum from 29.12.1987 with the clarification that no interest is allowed from 19.9.1986 to 29.12.1987 for the period of pendente lite before the Arbitrator.
(2.) THE relevant facts are that one Mr.J.C. Patel was appointed as Sole-Arbitrator upon the dispute arose between the parties for the work of constructing earth work and lining of Vapi Distributory for certain area for Damanganga Reservoir project. It appears that thereafter, the award was passed by the Arbitrator on 29.12.1987. THE application was made to pass the decree based on the award being Special Civil Suit No.167/88. THE original respondent " appellant herein filed objection and resisted the prayer. THE lower Court ultimately at the conclusion of the proceedings passed the aforesaid decree. Under these circumstances, the present appeal before us.
(3.) WHEREAS, Mr.Sukhwani, learned Counsel for the respondent, has supported the judgement and decree of the lower Court.