2001 AIR SCW 4936 ::(2001) 3 ArbiLR 561 ::2002 SCFBRC 41 ::(2001) 8 Supreme 480 ::(2002) 1 CivLJ 833 ::(2002) 1 All RentCas 185 ::2002 (1) SCC 659 ::(2001) 8 Scale 292

Supreme Court Of India

(From : Rajasthan)*

Hon'ble Judge(s): M. B. Shah, B. N. Agrawal , JJ

(A) Arbitration and Conciliation Act (26 of 1996) , S.34— Award - Setting aside of - Ground, non consideration of counter claim - No counter claim made in written statement - Counter claim sought to be raised after lapse of 4 years of reference - Refusal by arbitrator to consider it - Proper - Decree passed as per award - Not liable to be set aside. (Para 5) (B) Arbitration and Conciliation Act (26 of 1996) , S.8— Second reference - Tenability - Plea of bar under O. 2, R. 2 of Civil P. C. - Not raised before High Court - Dispute with regard to second claim also arising after first reference was made- Second reference cannot be said to be barred. Civil P.C. (5 of 1908) , O.2 R.2— (Para 6) (C) Arbitration and Conciliation Act (26 of 1996) , S.34— Awarding of interest - Legality - Plea that agreement prohibited charging of interest - Not raised before arbitrator, District Court or before High Court - Agreement understood by parties as placing no bar on grant of interest - Arbitrator awarding interest - Cannot be said to have committed any error apparent on the face of record or has mis-conducted himself in passing award - In circumstances of case interest however redu....