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1982 Supreme(Ori) 121

R.C.PATNAIK
STATE OF ORISSA – Appellant
Versus
KIRTAN CHARAN MOHANTY – Respondent


Advocates Appeared:
B.K.NAYAK, R.K.RATH

R. C. PATNAIK, J.

( 1 ) THIS is an appeal against the decision of the learned Subordinate Judge, Bhubaneswar entering judgment of the award. The respondent entered into an agreement No. 17 F-2 of 1978-79 for execution of the work, namely, "protection to Scoured Bank of Kani Right near village Brahmacharipatna". Disputes having arisen between the parties, one Sri Bamadev Mohapatra, Superintending Engineer was appointed as Arbitrator to adjudicate the disputes, He was subsequently removed and Sri P. C. De, a retired District Judge was appointed as Arbitrator. He passed the award for Rs. 2,25,047/- with 10 per cent interest, on the said amount from 30-5-1979 till the date of payment or decree whichever was earlier. He disallowed the counter-claims made by the appellant.

( 2 ) THE award did not furnish any reasons and the learned Subordinate Judge negatived all the objections there-to raised by the appellant and entered judgment on the award. He directed that interest awarded by the Arbitrator would run till the date of the decree. No future interest from the date of decree was awarded by the judgment.

( 3 ) IN appeal, the learned Standing Counsel for the appellant urged that the aw







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