EXECUTIVE ENGINEERRURAL ENGINEERING DIVISIONDHENKANAL Vs. BISWANATH AGARWALLA

JUDGEMENT

(1.) THIS appeal under Section 39 (1) (vi) of the Arbitration Act, 1940 thereinafter referred to as the Act) is directed against the judgment dated 10-10-1980 passed by the learned Subordinate Judge, Bhubaueswai in Title Suit No. 87 of 1980.

(2.) THE respondent is a contractor. THE appellant had entrusted the work of "Renovation to Kishore Sagar M.I.P." to the respondent under Agreement No. 73/F.2 of 1973-74, In course of execution of the work, disputes arose between the parties and as per Clause 23 of the F.2 agreement, the concerned Chief Engineer appointed an arbitrator to decide the disputes between the parties. THE Arbitrator called for the statement of claims and counter-claims from both parties and finally passed an award for Rs. 98,501.00. This amount includes interest of Rs. 34,121.00. THE Arbitrator's further direction Is that if the award was not paid up within three months from the date of its filing, interest at the rate of 12 per cent on the amount should be payable by the appellant till the date of the decree. After the award was received in the Court of the learned Subordinate Judge, Bhubaneswar, the appellant filed objection under Sections 30 and 33 of the Act. By his judgment dated 10-10-1980, the learned Subordinate Judge upheld the award and granted further interest at the rate of 12 per cent per annum from the date of the decree till payment of the awarded amount