N. N. Sharma, J. - (1.) THIS revision Is directed against judgment and decree of Sri Ram Kishore, learned Civil Judge, Agra dated 17-10-1981 arising out of Original Suit No 335 of 1974 by which learned Judge set aside a part of the judgment and decree dated 11-8-1979 recorded by Sri P. K. Agarwal, learned 1st Additional Munsif, Agra. Learned Munsif awarded the interest at the rate of Rs 12 per cent per annum from the date of award viz. 7-6-1974 till the date of payment. THIS direction was set aside in appeal by the impugned judgment and decree.
(2.) IT appears that plaintiff-revisionist applied under section 14 of the Arbitration Act (Act No. X of 1940) to make the award rule of the Court. Plaintiff alleged that it is a registered firm. IT acted as the purchasing agent of the defendant in the year 1971. In the bills submitted by plaintiff to the defendant, a sum of Rs. 3833.57 P. was deducted wrongly by defendant on account of quality cut in respect of articles supplied. Plaintiff objected to it and the matter was eventually referred to the arbitrator. Arbitrator gave his award on 22-5-1974 whereby arbitrator directed the defendant to pay the aforesaid amount within fifteen days failing which interest was awarded at the rate of Rs. 12 per cent per annum. Learned trial court made the award rule of the court and also directed the respondent to pay Rs. 3833.57 P. alongwith interest at the rate of Rs. 12 per cent per annum from 7-6-1974 till the date of payment. Respondent carried the matter in appeal which was allowed by the impugned judgment and decree to the extent given above. Aggrieved by this decision, this revision has been preferred by the revisionist.
(3.) I have heard learned Advocates for parties and perused the record.;