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1987 Supreme(SC) 744

M.H.KANIA, K.JAGANNATHA SHETTY, O.CHHINNAPPA REDDY
Executive Engineer (Irrigation) , Balimela – Appellant
Versus
Abhaduta Jena – Respondent


Advocates:
ARUN MADAN, B.P.MAHESHVARI, D.N.MUKHERJI, D.P.MOHANTY, G.L.SANGHI, INDERJIT ROY, J.R.DAS, JITENDRA SHARMA, LILY ISABLE THOMAS, M.A.Firoz, M.M.KSHATRIYA, P.K.BANERJI, P.K.MUKHERJI, P.N.MISHRA, PARIJAT SINHA, PROBIR PATIL, R.K.MEHTA, R.N.Poddar, S.K.Bagga, SHANKAR GOPAL PAGIRE, VINU BHAGAT, Y.S.Chitale

Judgment

CHINNAPPA REDDY, J. :- This group of appeals raises the question of award of interest by an arbitrator to whom a reference is made without the intervention of the Court. Special leave to appeal was granted under Art. 136 of the Constitution limited to the question of award of interest during the period prior to the reference and during the pendency of the arbitration proceedings. Special leave was not granted in regard to the award of interest subsequent to the date of the arbitrators award. This question, therefore, does not concern us in these appeals.

2. The various references to arbitration in these cases were in regard to work done by different contractors in excess of what was stipulated under the several contracts. The contracts generally contained a clause to the following effect :

"Clause 11 - The Engineer-in-charge shall have power to make any alterations in or additions to the original specifications, drawings, designs, and instructions that may appear to him to be necessary or advisable during the progress of the work, and the contractor shall be bound to carry out the work in accordance with any instructions which may be given to him in writing signed by the Engi




























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