STATE OF GOA Vs. C ABDULLA

JUDGEMENT

(1.) THE above appeal challenges the order dated 25/02/2005 passed by the learned District Judge, North Goa at Panaji in Civil Miscellaneous Application No.257/2001.

(2.) " The appellant filed the said application challenging the award passed by the Arbitrator only to the extent of the award of interest by the Arbitrator at the rate of 21% per annum. The respondent disputed the contentions of the appellant and pointed out that the learned Judge had no powers to interfere in the discretion exercised by the Arbitrator in awarding such interest and modify the rate of interest under the provisions of Section 34 of the Arbitration Act. By the impugned order, the learned Judge rejected application filed by the appellant and confirmed the award passed by the Arbitrator awarding interest at the rate of 21% per annum. Being aggrieved by the said order, the appellant has preferred the present appeal.

(3.) " Having heard the learned Counsel and on perusal of record, the following point for determination arises in the appeal: