28,000.00 at the same rate from 15.9.1977 to 15.5.1978 amounting to Rs.3,360.00.
145 of 1981.
This is how the present appeal has companye before us.
The respondent further claimed interest at the rate of 18 per annum from 16.5.
From the Judgment and Order dated 17.8.1981 of the Orissa High Court in Misc.
The appellant denied the respond ents claim including the claim for payment of interest.
1978 till payment of the amount to the respondent by the appellant.
Accordingly, this companytention raised in the present appeal and all other similar matters was rejected by the Constitu tion Bench with a direction that all such cases should go back to the Division Bench for disposal in accordance with law on the remaining points surviving therein for decision.
The arbitrator gave the award dated 2.12.1980 as under AWARD After perusal of the claim statements and companynter statements, the companynter claim of the respondent, the rejoinder of the claimant, the documentary and oral evidence and on a careful companysideration of the submissions and arguments of the parties and the IR advocate, I have companye to the companyclusion that the claimant is entitled to get a sum of Rs.21,11,835.00 Rupees twenty one lakhs eleven thousand eight hundred thirty five only in full and final satisfac tion of his claims till the date of the award from the respondent.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Appeal No.
Consequently, the dispute relating to the remaining claim for payment made by the respondent was referred for adjudication to the arbitra tor in terms of the arbitration clause companytained in the agreement.
K. Sen, Arun Madan, R.K. Sahoo and J.D.B. Raju for the Respondent.
In the statement of claim the total amount claimed was mentioned at Rs.23,07,463.00 together with interest 18 per annum on Rs.
3297 of 1981.
The Judgment of the Court was delivered by VERMA, J. This appeal by special leave under Article 136 of the Constitution challenges the judgment dated 17.8.1981 of the High Court of Orissa dismissing Misc.
Appeal No.
K. Mehta for the Appellant.
145 of 1981 against the judgment dated February 28, 1981 passed by the Subordinate Judge, Baripada, District Mayurbhanj in Title Suit No.
106 of 1980 by which the arbitrators award for a sum of Rs.21,11,835.00 in favour of the plaintiff respondent, Niranjan Swain, was made a rule of the companyrt and a decree was passed for that amount together with interest at the rate of six per cent per annum from the date of the decree.
