Per BPR,J

This appeal is at the instance of the railway authorities, under Section 39 of the Arbitration Act, 1940 seeking to assail the judgment and decree in O.S.259 of 1994, dated 13-8-2002, on the file of Principal Senior Civil Judge, Vijayawada.

Heard Sri R.S. Murthy, learned Standing Counsel for the appellants and Sri T. Ravikumar, learned counsel for the respondent.

The brief facts leading to this appeal are that in the suit filed under Section 26 r/w Sections 20, 22 and 47 of Arbitration Act 10 of 1940 (for short the Act), the respondent plaintiff, having regard to the disputes that arose between the parties, sought direction for filing the arbitration agreement and to appoint an arbitrator on the dispute in respect of claims with interest at 24% p.a., and refer the matter for arbitration.

Though there have been several checkered events earlier between the parties including similar exercise of arbitral proceedings leading to passing of an award already, we refrain from dealing with the same, as they are not required to be considered at this stage. Be that as it may, the present claim is with regard to the claim as to the interest on the amount alr