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1992 Supreme(P&H) 989

K.P.BHANDARI
Anita Enterprises And Anr. – Appellant
Versus
Muthoot M. George Chits (I) Ltd. And Ors. – Respondent


Judgment

K.P.Bhandari, J.

1. After hearing the learned counsel for the parties, I am of the opinion that Arbitrator could not grant interest lis pendence. So the award in the respect cannot be sustained. Further the rate of interest could only be six percent in view of the law laid down by this Court in Mathra Dass v. State of Punjab, (1975) 77 P.L.R. 157. The principle of Damdupt will apply in view of the decision of the Supreme Court given in Mhadagonda Ramgonda Patil and Ors. v. Shripal Balwant Rinade and Ors., A.I.R. 1988 S.C. 1200. The Executing Court will examine this matter. The executing Court will not allow the claim exceeding double the principle amount. The prayer for payment by instalments is allowed. After the executing Court has determined the amount, the petitioner will pay the amount in four yearly instalments In view of the matter, the revision is accepted to the extent indicated above. Detailed reason to follow. CM. stands disposed of.

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