STATE OF ORISSA Vs. J N CHOUDHURY

JUDGEMENT

(1.) THE State of Orissa is in appeal against the judgement and order passed by the learned Subordinate Judge, Bhubaneswar, in Original Suit No.179 of 1981-I making an award in favour of the respondent for a sum of Rs, 3,85,200 a rule of the court and decreeing the suit. THE respondent had been entrusted with the work Distribution system of Nandini M.I.P,' and had entered into an agreement with the Executive Engineer, M.I. Division, Phulbani, under agreement No.97 F-2 of 1974-75. As disputes arose between the parties, the Chief Engineer, Rural Engineering Organisation, appointed an Arbitrator who entered into the reference, called upon both the parties to put in their statements of claims and documents and after hearing the parties, made an award of Rs. 3,85,200 in favour of the respondent directing its payment within fifteen days from the date of the award and further directing that failing such payment, future interest on the amount awarded at six per cent per annum from 23-7-1981 would be payable till the date of actual payment. After overruling the objections raised on behalf of the appellant, the learned Subordinate Judge made the award a rule of the court.

(2.) MR. R.K. Patra, the learned Additional Government Advocate appearing for the appellant, has raised two contentions. His first contention is that the Arbitrator had no jurisdiction to make an award in respect of additional works. Secondly, he contends, he had no jurisdiction to grant interest. As has rightly been submitted by MR. Devananda Misra, the learned counsel for the respondent, the same questions have been raised and answered against in a number of decisions of this Court.