DURGA CHARAN ROUTRAY Vs. SECRETARY

JUDGEMENT

(1.) Both the aforesaid appeals arise out of challenges made by the claimant as well as the State to a common judgment dated 08.09.2004 passed in Arbitration Misc. Case No.225 of 2002 by the learned District Judge, Khurda at Bhubaneswar, in a proceeding under Section 34 of the Arbitration & Conciliation Act, 1996 (in short 'the Act, 1996). The State of Orissa in Arbitration Appeal No.33 of 2005 have sought to challenge the arbitral award under Section 34 of the 1996 Act before the Court of the learned District Judge, Khurda at Bhubaneswar whereby the learned District Judge by judgment dated 08.09.2004 came to uphold the Arbitral award but set aside a part of the award relating to the grant of interest in favour of the claimant.

(2.) On the consent of the learned counsel representing the respective parties, both the aforesaid appeals were taken up together for disposal by a common judgment, since the challenge in both the appeals are to a common judgment of the learned District Judge, Khudra passed in Arbitration Misc. Case No.225 of 2002.

(3.) The State of Orissa in ARBA No.33 of 2005 has sought for setting aside of the impugned judgment dated 08.09.2004 passed in Arbitration Misc. Case No.225 of 2002 by the learned District Judge, Khurda, by which, the learned District Judge was pleased to upheld the award under Section 34 of the Act, 1996, except to the extent of holding that the award of interest from 12.01.1988 till date of award i.e. 06.03.2002 was not sustainable.