1999 (3) TMI 649

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....ded pursuant to arbitration in an application under Section 29 of the Arbitration Act, 1940 read with Section 34 CPC. However, such a claim does not seem to have been made before the Court of the Sub-Judge when the proceedings were pending for making the award the rule of the court. The Subordinate Judge passed a decree in terms of the award and against which an appeal was filed in the High Court.....

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....fore arbitrator; thirdly, future interest arising between date of award and date of the decree; and fourthly, interest arising from date of decree till realisation of award. 3. The claim for interest not having been made before the court in which proceedings for making the award the rule of the court were pending would certainly dis-entitle the appellant for making such a claim during first thr....

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....me. In the present case the appellant had made a claim for interest before the arbitrator but the same had been denied and no reasons are forthcoming thereto. Whatever that may be at any rate after the Sub-Judge made an award the rule of the court the decree ought to contain a provision for making payment of interest. If such payment had not been made, appropriate correction of the decree could be....