YADAV CONSTRUCTION CO Vs. BHARAT SANCHAR NIGAM LTD

JUDGEMENT

(1.) FEELING aggrieved by the impugned order passed by learned xi Additional District Judge, Jabalpur in Case No. 1/03 dated 21-4-2004, the present applicant has filed this revision application.

(2.) NO exhaustive statements of facts are necessary for the disposal of this revision petition. Suffice it to say that an award was passed in favour of applicant, however, application under section 34 of the Arbitration and conciliation Act, 1966 (in short 'the Act') was filed by respondent and a cheque of Rs. 1,31,902/- was also deposited including the interest up to 9-6-2001. The prayer which was made by respondent before the Court below was that the said amount be not disbursed to the applicant because objections are filed under section 34 of the said Act. Eventually, the applicant was debarred to reap the fruits of the award passed by the Arbitral Tribunal. Later on, the objections filed under section 34 of the Act by the respondent were dismissed on 6-9-2003 by the learned Court below. However, no interest was ordered to be given to the present applicant during the pendency of the proceedings to decide the objections under section 34 of the Act.

(3.) THE contention of learned counsel for applicant is that for no fault of the applicant he was debarred to reap the fruits of the interest and it was incumbent upon the Court below to have passed an order to pay interest with effect from 16-4-2001 to 4-11-2003.