Supreme Court of India

STATE OF ORISSA ETC.versusS.K. AGARWALLA ETC

Citation: 1999 INSC 164
Decided: 8 April 1999
Disposal: Matter referred to larger bench
Bench: K VENKATASWAMI U C BANERJEE

Holding

The question of award of interest for the pre‑reference period is referred to a larger bench in Executive Engineer v. N.C. Budhiraj (dead) (CA No. 3586 of 1984).

Summary

The Supreme Court heard Civil Appeals No. 710-711 of 1991 filed by the State of Orissa and others against S.K. Agarwala and others, concerning an arbitrator's award of interest for the pre‑reference period. The core issue was whether the arbitrator could award such interest. The Court noted that this question had already been referred to a larger bench in the matter of Executive Engineer v. N.C. Budhiraj (dead) (CA No. 3586 of 1984). Consequently, the present appeals were ordered to be tagged with that reference case. No substantive decision on the merits was rendered, and the appeals remain pending pending the larger bench's determination.

Issues considered

Whether an arbitrator can award interest for the pre‑reference period
Jurisdiction of the arbitrator to determine interest

Subjects

Arbitration
Interest award
Pre‑reference period
Tagging of appeals
Procedural order

Judgment

                         STATE OF ORISSA ETC.                                       A

                         S.K. AGARWALLA ETC.

                               APRIL 8, 1999

         [K. VENKATASWAMI AND UMESH C. BANERJEE, JJ.]                               B

      Arbitrator-Award of Interest for pre-reference period-Matter referred
to a larger bench-Tagging of appeals with.

      Executive Engineer v. N.C. Bhudhiraj (dead) by L.Rs., [1999] 9 SCC            C
514, referred to.

       CIVIL APPELLATE JURISDICTION : Civil Appeal No. 710-711 of 1991
etc.

     From the Judgment and Order dated 12.2.80 of the Orissa High Court             D
in M.A. Nos. 167 and 213of1979.

     Jayant Das, Anil 8. Diwan and Ashok Kumar, Raj Kumar Mehta, R.P.
Wadhwani, K.K. Patel, T.K. Paradhan, Vinoo Bhagat, S. S. Misra, (RM. Patnaik)
and R.S. Jena for the appearing parties.

       The following Order of the Court was delivered :

      It is brought to our notice that the question of Award of interest for pre-
reference period by the Arbitrator has since been referred to a larger bench
in Executive Engineer v. N.C. Budhiraj (dead) by L.Rs.-CA No. 3586 of
1984. Accordingly these appeals are tagged with Executive Engineer v. N.C.          F
Budhiraj (dead) by L.Rs-CA No. 3586of1984.

T.N.A.                                                  . Appeal still pending.




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