- (1.) The present appeal is directed against the impugned order dated 21.04.1994 passed by the learned District Judge, Udaipur in Civil Misc. (Arbitration) Case No.34/92 M/s. Eastern Engineering Enterprises (E.E.E., 'for short') Vs. Rajasthan State Mines & Minerals Ltd. (R.S.M.M.L., 'for short') & Ors., passed on an application under Section 33 of the Old Arbitration Act, 1940.
(2.) The dispute between the parties arose on account of an Agreement between them for doing certain excavation works in the mines owned by R.S.M.M.L., and earlier an arbitral award was passed, on the dispute arising by the Arbitrator appointed as per clause 73 of the Agreement on 18.02.1986, and that matter reached upto the Hon'ble Supreme Court, which was decided vide Rajasthan State Mines & Minerals Ltd. Vs. Eastern Engineering Enterprises & Anr., 1999 9 SCC 283, where ultimately, the arbitration award dated 18.02.1986 in favour of E.E.E. Company was set aside.
(3.) In those proceedings before the learned Arbitrator, the R.S.M.M.L. did not admittedly, make any counter-claim for the claim of interest on the advances of money made by them to the Company-E.E.E. for undertaking the excavation work. Subsequently however, the R.S.M.M.L. again sought to raise this dispute about the payment of interest on the advances made by it and sought to raise the said dispute before the learned Arbitrator, to be appointed as per clause 73 of the Agreement between the parties.;