STATE OF RAJASTHAN Vs. RAM NARAYAN

JUDGEMENT

(1.) This appeal is filed by the State of Rajasthan under Sec. 96 Code of Civil Procedure read with Sec. 39 of the Arbitration Act (10 of 1940) (hereinafter referred to as 'the Act 10 of 1940 ') challenging the judgment and decree dated 11.10.89 passed by the District Judge, Sriganganagar in Civil Misc. (Arbitration) Case No. 259/1982 (Ram Narayan Vs. State) whereby, the award passed by the Arbitrator was made rule of the Court, while deciding the objections of the State to the arbitration award in making rule of the Court.

(2.) Briefly stated the facts of the case are that in the matter of arbitration between Ram Narayan and State of Rajasthan for manufacturing and supplying of 45 lacs pucca tiles and 5 lacs pucca bricks at Kiln No.2 near R.D 262-L of Suratgarh Branch, Shri K.L. Bhatia was appointed as Sole Arbitrator under Sec. 8 (2) of the Arbitration Act to arbitrate the dispute and claims between Shri Ram Narayan and State of Rajasthan who after adjudication passed the final award dated 31.08.82. The Arbitrator after completion of arbitration proceedings submit an award in the court of District Judge, Sriganganagar for making the rule of Court against which objections were filed by the State of Rajasthan. However, the learned District Judge, Sriganganagar rejected the objections raised by the State and passed an order dated 11.10.89 to make the award rule of the Court by way of decree in following terms :- ...[VERNACULAR TEXT OMITTED]...

(3.) The present appeal is filed challenging the said decree passed by the learned District Judge making the award rule of the Court. In the present appeal, the respondent has also filed cross objection under Order 41, Rule 22 Code of Civil Procedure against the judgment and decree dated 11.10.89 with the prayer that interest may be awarded to the respondent at the rate of 15% since 27.01.79 till the date of recovery.