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TMI Blog1993 (1) TMI 288X X X X Extracts X X X X X X X X Extracts X X X X ..... Court. The matter arises out of arbitration proceedings and the dispute is regarding the interest that was awarded. 2. The arbitrator awarded the amount of Rs 63,186 by way of interest though the claim was of Rs 2,74,230. The Subordinate Judge accepted the award regarding the interest and also made it the rule of the court. Aggrieved by the same the State of Orissa filed an appeal before the Hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... must look elsewhere to discover the right of the arbitrator to award interest before the institution of the proceedings, in cases where the proceedings had concluded before the commencement of the Interest Act of 1978. While under the Interest Act of 1978 the expression court was defined to include an arbitrator, under the Interest Act of 1839 it was not so defined. The result is that while in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egarding the interest pendent lite however has been reversed in Secretary, Irrigation Department, Government of Orissa v. G.C Roy. (1992) 1 SCC 508 Regarding the interest during the pre-reference period, the view taken in Abhaduta Jena case is not disturbed. Therefore the interest during the pre-reference period can be awarded provided on the date of the award, 1978 Interest Act was in force. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e award a rule of the court has clearly noted that the plaintiff claimed interest and the learned arbitrator allowed Rs 63,186 without noting the period or the rate of interest. Therefore, it is difficult to infer that the interest awarded includes interest during the pre-reference period as well as the period during which the arbitration proceedings were pending (pendente lite). Therefore the que ..... X X X X Extracts X X X X X X X X Extracts X X X X
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