A.S.ANAND, M.K.MUKHERJEE
Sudhir Brothers – Appellant
Versus
Delhi Development Authority – Respondent
ORDER
Leave granted.
2. The only issue involved in this appeal relates to the power and jurisdiction of an Arbitrator to award interest for the period between the making of the reference to the artbitrator and his entering upon the reference (pre-reference period) after the coming into force of The Interest Act, 1978 (post Interest Act era).
3. A reference to brief facts for deciding the issue would be apropos. The first respondent - Delhi Development Authority - awarded certain work of construction of middle income houses at Pitam Pura, New Delhi to the appellant and entered into a contract with him. Differences and disputes arose between the parties relating to the exexution of the contract on 1.4.1984, when a reference to arbitration was sought by the appellant and in terms of Clause 25 of the General conditions of contract, the same were referred to arbitration of the second respondent. The arbitrator entered upon the reference on 8.2.1985. He made an award on 15.7.1987. The award together with the proceedings was filed in the court by the learned arbitrator. The award was substantially in favour of the appellant. The arbitrator also awarded 12% simple interest on the amount award
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