M.N.VENKATACHALIAH, KULDIP SINGH, L.M.SHARMA
Secretary To The Government Of Orissa – Appellant
Versus
Sarbeswar Rout – Respondent
JUDGMENT
SHARMA, J. :— This appeal by special leave by the State of Orissa is directed against the judgment of the Orissa High Court rejecting its appeal under S. 39 of the Arbitration Act. The respondent executed certain work under a written agreement with the appellant and a dispute arose thereunder which was referred to arbitration. The Arbitrator made an award which was filed in Court. On service of notice the appellant raised several objections which the trial Court overruled. The award was made a rule of the Court. After unsuccessfully moving the High Court in appeal, the appellant has approached this Court.
2. Except for the objection taken by the appellant on the question of the power of the Arbitrator to grant interest, we do not find any merit in the other points decided by the impugned judgment. The decision of the High Court is therefore affirmed on all the other points.
3. So far the question relating to interest is concerned, it has been contended by the learned Counsel for the appellant that the arbitrator exceeded his jurisdiction in allowing the respondents claim in view of the decision in Executive Engineer (Irrigation), Balimela v. Abhaduta Jena, (1988) 1 SCC 418.
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