Rajasthan High Court - Jodhpur
Chief Engineer-C A D -I G N P-Bikaner vs M/S Bhadu Brothers-Bikaner on 16 July, 2009
Author: Vineet Kothari
Bench: Vineet Kothari
S.B.CIVIL MISC. APPEAL NO.500/96
(Chief Engineer CAD, IGNP, Bikaner vs. M/s Bhadu Brothers)
DATE OF ORDER : 16/7/2009
HON'BLE DR.JUSTICE VINEET KOTHARI
Mr.Ashwini Gehlot, for the appellant. Mr.J.K.Bhaiya, for the respondent.
This appeal is filed by Chief Engineer, CAD, IGNP, Bikaner against the judgment and order dated 27/5/96 of learned District Judge, Bikaner making the arbitration award dated 5/9/94 as rule of the Court under Section 17 of the Arbitration Act, 1940.
Learned counsel for the appellant states that interest awarded by the learned Arbitrator and learned District Judge @ 18% p.a on the awarded sum is excessive.
This contention is opposed by learned counsel for the respondent, who submits that this Court has already decided in the case of Choudhary Construction Co., Jaipur vs. State of Rajasthan
- 2009(1) DNJ (Raj.) 543 that while making rule of Court the learned District Judge cannot reduce the rate of interest awarded by the learned Arbitrator pendente lite.
In view of the above judgment of this Court, this appeal has no force and same is liable to be dismissed.
Dismissed accordingly.
(DR.VINEET KOTHARI), J.
item no.14 baweja/-