HIGH COURT OF RAJASTHAN
Cited Judgements :-
OM METALS & MINERALS VS. UNION OF INDIA
ARJANDAS NARAINDAS ADNANI VS. NARSINGDAS NARAINDAS ADNANI
UNION OF INDIA, REPRESENTED BY THE EXECUTIVE ENGINEER, GOA CENTRAL DIVISION, CENTRAL PUBLIC WORKS DEPARTMENT, BAMBOLIM, GOA VS. M/S. S.N. ASSOCIATES & BUILDERS (PVT.) LTD. MUKUND, GR. FLOOR, OPP. VIDHYA BHAVAN, COMBA, MARGAO, GOA
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(1.)THIS revision petition under S.115 of the Civil P. C. is directed against the Judgment and decree dt. May 31, 1983 of the District Judge, Jodhpur passed in Civil Original Suit No. 231 of 1981.
(2.)A contract for construction of lower Kodra Dam at Mt. Abu, District Sirohi was granted to the petitioner. Agreement No. 217/70-71 was entered into between the parties. A dispute arose in respect of measurements, rates, items etc. and the matter was referred to the sole arbitration of non-petitioner No. 1 (Ram Singh) vide letter dt. Nov. 7, 1979 of non-petitioner No. 2 (State of Rajasthan through the Chief Engineer, P. H. E. D., Jaipur). The reference was made to the sole arbitration in accordance with Cl.23 of the aforesaid agreement. The Arbitrator gave the award on Nov. 7, 1981 at Jodhpur in the presence of both the parties and it was signed. The material portion of the award with which I am concerned in this revision petition is as under :
"(4) Petitioner is not entitled to any interest due to the amount of payment as per this award." The petitioner submitted an application under S.14 of the Arbitration Act (Act No. X of 1940) (for short 'the Act' herein) for a direction to the Arbitrator to file the Award, the Agreement and other relevant papers in the court of District Judge, Jodhpur. The Award was filed on Sept. 15, 1982. Thereafter, the petitioner moved an application containing objections under Ss.15 and 16 of the Act within time for modification of the Award. It was prayed therein that the decree in terms of the Award along with interest @ 2% per month from the date of the Award may be passed. Non-petitioner No. 2 did not file any objection. The learned District Judge, Jodhpur by his judgment and decree dt. May 31,1983 passed the decree in terms of the Award and awarded interest @ 6% p.a. from May 21(31), 1983 in case non-petitioner No. 2 does not pay the amount payable under the Award by Aug. 31, 1983.
Aggrieved by the Judgment and decree dt. May 31, 1983, the petitioner has filed this revision petition praying that the Judgment and decree dt. May 31, 1983 of the District Judge, Jodhpur may be modified by awarding interest from the date of the Award or from the date of filing of the Award or any other date @ 2 % per month.
A show cause notice was issued to the non-petitioners, in pursuance of which, appearance has been put in on behalf of non-petitioner No. 2. On Aug. 8, 1984, when the revision petition was taken up, learned counsel appearing for the parties submitted that in view of the order dt. Jan. 17, 1984, the revision petition may finally be disposed of without requisitioning the record.
(3.)I have heard Mr. M. C. Bhoot, learned counsel for the petitioner and Mr. Rajendra Vyas, learned Deputy Government Advocate.
It may be stated that the learned District Judge directed in his judgment dated May 31, 1983 that if non-petitioner No. 2 does not pay the amount of Rs. 8,26,552/- by Aug. 31, 1983, the petitioner would be entitled to interest @ 6 % p.a. from May 21(31), 1983 until payment.
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