LAWS(J&K)-1988-3-20

NARULA & CO Vs. CHIEF ENGINEER J&K ZONE

Decided On March 29, 1988
Narula And Co Appellant
V/S
Chief Engineer JAndK Zone Respondents

JUDGEMENT

(1.) PETITIONER herein filed an application under section 14 read with Sec.17 of the Arb. Act for issuing a direction to the arbitrator to file award in the Court in regard to contract agreement for provision of accom dation for 616 -G.T. Company and making award rule of the Court. Both parties appeared in pursuance of the notices issued and award was also Respondents herein hallenged the award by filirig an application under sec.30 read with sec.33 of the Arb Act. After framing issues and obtaining dence this Court on Feb.25, 1987 dismissed the abovesaid application of thi respondents and made the award rule of the Court. The petitioner had prayed for grant of interest @ 18% P.A. from the date of the award till alisation of the amount but such interest was granted @ 12% P.A. from date of decree till realisation of the awarded amount. Petitioner aggrieved this order in regard to interest awarded has filed the present review petition.

(2.) PETITIONER seeks review of the order in regard to interest only on the ground that the High Courts in India as well as the Supreme Court have been granting interest from the date of ended and this error apparent on the face of the order is required to be rectified. The respondents have filed objections taking so many pleas mainly that in the petition the petitioner had sought interest from the date of decree and now it could not be granted such relief from the date of award and secondly the decree passed by this court cannot bp reviewed under any provision of law.

(3.) I have heard the learned counsel for the parties. The arbitrator I has not granted any interest to the petitioner, Interest was, however, grant by this Court while passing a decree and that was @ 12% P.A. from the date of decree till realisation of the amount. Learned counsel appearing for the petitioner has referred tot decisions of this Court and various other High Courts that court is competent to grant interest from the date of award till realisation of the amount. This principle of law is not disputed by the other side. Learned counsel for the petitioner has pleaded that the petitioner suffered huge loss and without any valid reason so many amounts were withheld by the respondents. In a review petition a limited scope is left for the court to see whether there is any error apparent on the face of the order requiring review. From the record it appears that the petitioner had sought interest from the date of award and the plea of the respondents in this regard is not correct that it only claimed interest from the data of deeree, I feel that there was no justification to disallow interest to the petitioner from the date of award.As such this petition is allowed and the earlier order of this court dated February 25,1987 is modified to the extent that interest allowed to the petitioner shall be treated to have been allowed from the date of the award instead of date of decree.