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2001 Supreme(SC) 853

S.N.PHUKAN, V.N.KHARE
K. Rajamouli – Appellant
Versus
A. V. K. N. Swamy – Respondent


ORDER

A dispute out of a partnership firm arose between the appellant and the respondent. With the result, the same was referred to arbitrations. The arbitrators appointed by the parties entered into the reference and appointed an Umpire. The Arbitrators, on 11.7.1987, gave an award for a sum of Rs. 7,00,000/- to be paid by the appellant herein to the respondent in three instalments. The respondent filed a suit against the arbitrators and the appellant. The said suit was numbered as Suit No. 1377/87. The prayer in the suit was for a decree in terms of the arbitration award. The said suit was decreed for a sum of Rs. 6,50,000/-. It is relevant to mention here that the said decree did not provide for any pendente lite interest. Thereafter, the decree holder put the decree in execution. In the execution proceedings, the decree holder claimed pendente lite interest @ 24%. However, the claim of interest by the respondent-decree holder was rejected by the executing Court. The decree holder, thereafter, filed Civil Revision Petition before the High Court against the order passed by the executing Court. The said Revision Petition was dismissed by the High Court on 18.9.1991. The decree









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