(1) THIS appeal came up before a bench of two learned Judges on 7/11/1994 when it passed the following order:

"THE question for decision in the present case relates to the award of interest pendente lite by the arbitrator. The effect of the decision in Secy., Irrigation Deptt., Govt. of orissa v. G.C. Roy is stated to be pending before a three-Judge bench on a reference being made to this effect. Accordingly, special leave is granted in the present matter."

Mr K.K. Venugopal, the learned Senior Counsel for the respondent, pointed out that the aforesaid order was passed on the premise that the question regarding award of interest pendente lite by the arbitrator was referred to three-Judge bench. He pointed out that the question which was in fact referred to the three-Judge bench was in regard to the award of interest in pendente lite but prior to the arbitrator entering upon the reference. He, therefore, submitted that the aforesaid order and special leave had been granted because it was not correctly represented that the reference to the three-Judge bench was in relation to interest accruing prior to the reference to arbitration. That being so, after hearing counsel for