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2005 Supreme(SC) 512

D. M. DHARMADHIKARI, P. K. BALASUBRAMANYAN
State Of Rajasthan – Appellant
Versus
Nav Bharat Construction Co. – Respondent


Judgment

Dharmadhikari, J.—These appeals arise out of an award dated 29.9.1997 passed by the sole Arbitrator viz. S.S. Mathur, retired Additional Chief Engineer, Public Works Department, on a reference of dispute concerning civil construction work awarded to the Contractor by the State of Rajasthan. The arbitration proceedings were regulated by provisions of the Arbitration Act, 1940 (for short ‘the Act’). The sole Arbitrator awarded a sum of Rs. 6,68,058.16 with interest @ 18% per annum from the date of the award till date of decree or payment, whichever is earlier.

2. The State of Rajasthan under Section 30(1) of the Act filed objections to the Award. The Contractor by application under Section 17 of the Act prayed for passing a decree in terms of the Award. The objections of the State were rejected by the Court of the District Judge who made the Award Rule of the Court by passing a decree in terms thereof on 5.10.1999. In the order making award Rule of the Court and passing a decree thereon, there was omission of not mentioning the interest payable on the amount awarded. On the application under Section 152 of the Code of Civil Procedure (CPC) filed by the Contractor for rectifica


































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