STATE OF RAJASTHAN Vs. SINGH ASSOCIATES ENGINEERS CONTRACTOR

JUDGEMENT

(1.) Heard learned counsel for the parties. This appeal has been filed by the appellant, against the order of the learned District Judge, Banswara, dated 6.12.96, passed in Civil Misc. Case No. 27/96.

(2.) By the impugned order, an incomplete copy whereof has been produced by the appellant alongwith the memo of appeal, the learned trial Court, with consent of the parties, made the award Rule of the Court. While making the award, Rule of the Court, the learned trial Court directed that, the respondent will be entitled to interest on the principal amount awarded, being Rs,2,55,464/-, from 1.9.93 till realisation, @ 9% per annum. It is contended by the learned counsel for the appellant, that in view of the langauge of Section 29 of the Arbitration Act, the Court has no power to grant interest, when it has not been awarded by the Arbitrator.

(3.) Suffice it to say, that perusal of the award shows that thereby also, the Arbitrator had awarded interest on the four items, for different periods, for which the legitimate amount of the respondent was wrongly with held by the appellants. In that view of the matter, it cannot be said that the Arbitrator did not award the interest. The question is, as to whether, the Court has power to award interest from the date of award till realisation, or not?