BALBIR SINGH CONTRACTOR Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal is directed against the order dated 14 -7 -1998 passed by the Civil Judge (Senior Division), Bijnor whereby he allowed the objections filed by the State of U.P. and set aside the award dated 14 -9 -1996.

(2.) THE factual matrix of the case is that the appellant entered into a contract for construction of 2.70 meter fall on Chandak Escape Channel at 0.475 Km. in district Bijnor with the Executive Engineer, Irrigation Division, Bijnor. After completion of the work, he claimed the amount of constructions made by him from respondent No. 1. The amount as claimed by him was not paid. He gave notice to the respondents on 15 -11 -1992 to pay the amount. The matter was finally referred to the Arbitrator and the arbitral proceedings commenced on 14 -2 -1994.

(3.) THE period prior to the date of making reference can be termed as pre -reference period. The question as to whether an Arbitrator has power to award interest for the period between the making of the reference to him and on his entering upon the reference (pre - reference period) came up for consideration before the apex Court in Executive Engineer (Irrigation)v. Abhaduta Jena, AIR 1988 SC 1520, wherein it was held :