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1999 Supreme(SC) 349

S.RAJENDRA BABU, S.N.PHUKAN
Jagdish Rai And Brothers – Appellant
Versus
Union Of India – Respondent


JUDGMENT

Rajendra Babu, J.-A claim has been made for grant of interest in respect of an amount awarded pursuant to arbitration in an application under Section 29 of the Arbitration Act, 1940 read with Section 34 CPC. However, such a claim does not seem to have been made before the Court of the Sub-Judge when the proceedings were pending for making the award the rule of the court. The Subordinate Judge passed a decree in terms of the award and against which an appeal was filed in the High Court. When that appeal was pending in the High Court an application was made as stated earlier but was rejected firstly on the ground that the appellant is not entitled to award of interest when such a claim had not been made before the court of the Sub-Judge by challenging the award and secondly on the ground that when interim relief was granted against the order making the award a rule of the court to make payment to an extent of 50% which could be withdrawn after furnishing security to the satisfaction of the court and having withdrawn the money the appellant would not be entitled to claim interest.

2. There are four stage of grant of interest. Firstly, from the stage of accrual of cause of actio





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