LAWS(J&K)-1981-11-4

GANDA MAL Vs. UNION OF INDIA

Decided On November 03, 1981
Ganda Mal Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) MR . G M. Wani says though he has been given power of attorney by one of the parties M/s Gandhamal M/s Jagdesh Lal. but he knowns nothing of the case and he therefore withdraws from the matter. Sh. Bilal Nazki who has been shown as counsel for the petitioner is not present.

(2.) MR . ST Hussain appearing for the respdt. has stated that the Union of India accepts the award except rate of interest to be paid till the date on which criminal case pending between the parties is decided.

(3.) THE arbitrator has fixed 6% as rate of interest to be charged on the awarded amount due to the petitioner. It has been objected to by Mr. Hussain. He has referred to S 29 of the Arbitration Act and has stated that in view of the provisions of s -29, the court alone could award interest after decree in terms of award is passed. S.29 of the Arbitration Act was read over to me and it appears that Mr. ST Hussain was correct in his submission. The arbitrator could not and should not have awarded any interest at any rate whatsoever specially for future for the awarded amount.