DUTTA CONSTRUCTION COMPANY Vs. METALLURGICAL & ENGINEERING

JUDGEMENT

(1.) HEARD the learned counsel for the appellants and learned counsel for the Respondent.

(2.) THE instant Misc. Appeal is directed against the order dated 30.9.1997 passed by Sri Raghubar Sharan Pandey, Subordinate Judge -I, Ranchi in Miscellaneous ease No. 6 of 1997 by which judgment learned Sub -Judge -I has dismissed the application filed by the appellant u/ss. 30 and 33 of the Arbitration Act raising objection with regard to the Arbitration award granted by the sole Arbitrator Sri G.P. Das. With regard to the claims, the appellant has submitted before the trial court that although the Arbitrator accepted the claims made by the appellant, but it has reduced the claim amount and appellant also raised the objection that the Arbitrator failed to grant interest before the reference is made and from the date the appellant made demand for the same. Learned Sub -Judge -I, with regard to the claim of interest, came to a finding that no doubt the law as placed before the court suggest that the Arbitrator has got power to grant interest even before the reference, right from the date of claim, it is his discretionary power and as such, he found no arbitrariness and illegality in the award and dismissed the petition filed by the appellant.

(3.) ON the other hand, learned counsel for the respondent -MEEEON has objected to the same and stated that the argument that no doubt the Arbitrator could have granted the interest from the date of claim, but, since, in his discretion he has not granted the interest, the appellants are not entitled to get the same.