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1994 Supreme(SC) 757

P.B.SAWANT, S.C.AGRAWAL
Visakapatnam Municipal Corporation – Appellant
Versus
K. Satyanarayana And Company – Respondent


ORDER

1. The short question involved in these appeals is whether the trial court could have granted interest pendente lite to the respondent although the arbitrators had declined to grant the same and the respondent had not filed any objection to the award under Section 30 of the Arbitration Act (the Act).

2. The relevant facts are that the arbitrators made their Award on 20-4-1989. The respondent had prayed for interest pendente lite but the arbitrators depending upon the law as it obtained on that date, had declined the relief. Thereafter, the award was filed before the trial court, i.e., the IInd Additional Subordinate Judge, Visakhapatnam and the appellant herein filed their petition under Section 30 of the Act. However, admittedly, the respondent did not file any objection under the said provision. Subsequently, in the year 1991, i.e., about two years after the filing of the award in the court, the respondent filed a petition before the trial court for a decree in terms of the award. In this petition, no doubt the respondent claimed interest from the date of reference till the date of payment. The trial court, while making a decree in terms of the award granted interest from t






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