An arbitrator can award interest on the amount awarded up to the date of the decree but not thereafter. The court can award interest from the date of the decree.

( 1 ) THIS is an appeal against an order of Mallick, J. dated August 21, 1964 by which he dismissed an application made by the appellant to correct, remit or set aside an award. The facts of the case are shortly as follows: The appellant and the respondent jointly acquired three properties, namely, premises Nos. 2a, Colonel Biswas Road, No. 89, Bepin Ghosal Road and No. 21, Taltolla Bazar Street. The parties had equal shares in the said properties. The petitioner claimed that he had made excess contribution for acquisition of one of the said properties and in effecting a partition of the properties, this claim should be kept in view. The respondent disputed the claim about excess payment. All matters in dispute between the parties relating to partition, including the claim for excess payment, were referred to the sole arbitration of Dr. P. C. Chunder by an agreement dated May 15, 1959. The relevant Clauses in the said agreement are Clauses 1, 5, 6 and 7 which are set out hereunder:"1. All matters, questions, disputes, differences and/or claims arising out of and/or concerning and/or in connection with and/or in consequence of or relating to the partition of the said properties including the claim of the said Lal Chand Roy for such excess contribution towards the costs of acquisition of the said premises No. 21, Taltala Bazar Street, Calcutta, be and are hereby referred to the sole arbitration of Dr. P. C. Chunder of No. 23, Nirmal Chunder Street, Calcutta. * * * * * 5. It is agreed that the premises No. 89 Bepin Ghosal Road shall be sold by the parties jointly to such party and for such price as the arbitrator shall direct and the sale proceeds shall be appropriated by Lal Chand Roy at the first instance towards his share which shall be taken into account by the arbitrator in making that division between the parties. 6. The arbitrator shall divide the properties into two lots and allot each of the parties one such lot. In making the division the arbitrator shall allot to Nerode Kanta Goswami the premises No. 21 Taltolla Bazar Street and to Lal Chand Roy No. 2a balance Biswas Road. 7. To equalise the value of the shares the arbitrator shall have power to award owelty. "the arbitrator made an award dated June 18, 1963. It will appear from the facts aforesaid that the agreement already provided as to who will get the respective premises, but the arbitrator was called upon to adjust the owelty that is to be paid by the respective parties. After valuation of the properties was effected by the Engineer appointed by consent of parties, the arbitrator allotted one property to each of the parties as provided in the agreement and adjusted the equities between the parties by directing a payment of Rs. 53,750 as owelty by the Appellant to the respondent. He further directed that separate possession of the respective allotments should be given within one week from the date of the confirmation of the award. To this part of the award, no objection has been taken. The objection centres round the following provision in the award:--"i further award and direct that the said owelty money will carry interest at 6% per annum from the date when the separate possession of 2a, Colonel Biswas Road is delivered to Sri Lal Chand Roy as aforesaid till the date of payment. "

( 2 ) AN application was made by the Appellant to set aside this award and it was contended that the award of interest cannot be sustained in law. The position that was taken in the Court below was that the arbitrator had no jurisdiction in law to award interest on the amount that has been awarded and reference was made to Section 29 of the Arbitration Act, 1940 which empowers the Court to grant interest on the amount awarded from the date of the decree. It was conceded that if the learned Judge set aside the award with regard to the amount of interest after the decree, but interest was granted by the Court under the decree, then no objection could be made. This offer howeve