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2008 Supreme(SC) 11

G.P.MATHUR, P.SATHASIVAM
Ghulam Mohammad Dar – Appellant
Versus
State of J & K – Respondent


Counsels for the Parties :
For the Appellant :M.L. Bhat, Sr. Adv., Ms. Purnima Bhat, Advocate.
For the Respondents:Anis Suhrawardy and S. Mehdi Imam, Advocates.

judgment

P. Sathasivam, J. —

1.Leave granted.

2.This appeal is directed against the order dated 01.09.2006 passed by the High Court of Jammu and Kashmir at Sri Nagar in Civil Revision No. 47 of 2006 whereby the High Court dismissed the civil revision filed by the appellant herein.

3.In view of the limited issue i.e., interest payable by the respondents, there is no need to traverse the entire factual matrix except relating to the issue in question.

4.According to the appellant, the executing Court has wrongly interpreted the judgment passed by the High Court as well as the provisions of the Arbitration Act and erroneously refused to release the interest on the Award/decretal amount from the date of Award till passing of the decree.

5.It is not in dispute that an Award came to be passed on 05.09.1995 which was made a Rule of the Court and accordingly decree came to be passed on 30.04.1998.

6.It is relevant to reproduce the Award of the Arbitrator in respect of the interest which reads as under:

“The claimant shall be entitled to 10% S.I.P.A. beyond 10.11.1995 till payment is made in full by the respondents of the full awarded amount. Respondent No.3 shall be liable to discharge and pay th





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