ORDER

In this batch of civil appeals the principal question that arises for consideration is as to whether the Arbitrator has got jurisdiction to award interest for the pre-reference period in cases which arose prior to commencement of the Interest Act, 1978. The Interest Act, 1978 came into force w.e.f. 19.8.1981. Before enforcement of this Act, the Interest Act, 1839 was holding the field. Under the impugned judgment, the High Court has awarded interest for the pre-reference period and this is how the State of Orissa has filed all these appeals.

2. Mr. Raj. Kumar Mehta, learned Advocate appearing in support of these appeals urged that the question of payment of interest for the pre-reference period is no more res integra as the said question has been answered in the negative by this Court in catena of judgments. However, Mr. Anil Diwan, the learned Senior Counsel appearing for the respondents, urged that in view of judgment of this Court in State of Orissa v. G.C. Roy1, the judgment in Executive Engineer (Irrigation) Balimela & Ors. v. Abhaduta Jena & Ors.2 and State of Orissa v. B.N. Agarwalla3 require reconsideration. Some English decisions as well as decisions of this Court were