- (1.) This appeal has arisen out of the award dated 13.2.2007 passed by the Arbitrator-cum-Superintending Engineer, Public Health, Sirsa and also the judgment dated 16.2.2010 passed by the District Judge, Sirsa, dismissing the objection petition filed by Gian Chand Jindal petitioner-appellant (herein referred as, 'the appellant'). The appeal is involves the limited question: "whether the appellant could be awarded pre-reference, pendente lite and post-award interest in the absence of contract to that effect?" The arbitrator while passing the award dated 13.2.2007 for a sum of Rs.6,68,065/- ordered as under : The department will make payment of award made within 60 days from the date of writing of this award. No interest on the amount will be payable for these sixty days, if payment of award is made within this period, otherwise simple interest @ 8% (eight percent) per annum will be paid to Sh. Gian Chand Jindal contractor by the department till the date of payment from the date of writing of this award.
(2.) Against this award, the appellant filed objection petition wherein the District Judge, Sirsa, while observing that since Section 31 (7) of the Act does not issue mandate to the court for granting interest on the award amount, therefore, it declined the prayer of the appellant to grant interest.
(3.) The Learned Counsel for the appellant has contended that the arbitrator did not appreciate the factual and legal position in the right perspective. Even in the absence of any contract with regard to payment of interest, the arbitrator is fully competent and powerful to award pre-reference pendente lite interest at a reasonable rate. Non awarding of interest is a mistake apparent on the record which is bound to be corrected.;