3 " HIGH COURT OF CHHATTISGARH AT BILASPUR w.P.- (227) No. 4712/2011 PETITIONER Janbaaz Guards and Allied DECREE HOLDER Services Through —Prop. Lt. C011 J.S. Virdi (Retd.) Aged about 68 years, Regd. Office 21/29, Civil Lines, Behind C.S.E.B. Office, Raipur (C.G.). VERSUS > RESPONDENT The Chief General Manager, V JUDGEMENT DEBTOR South-Eastern Coalfields Ltd, Jamuna and Kotma Area, Distt. Anuppur (M.P.), WRIT PETITION UIA 227 OF THE CONSTITUTION OF INDIA. [SB :Hon’ble Mr. T.P.Sharma, J.) Present:- Shri P‘rafull N. Bharat, Advocate for the petitioner. Respondent not noticed. ORAL- ORDER (Passed on 18/08/201 1) By this petition under Article 227 of the Constitution of India petitioner has challenged the legality and propriety of the order dated 9/11/l0 passed by District Judge, Bilaspur (C.G.) in l\/l.J.C. No. 25/10 whereby at the time of execution of arbitral award, Executing Court i.e. District Judge, Bilaspur has rejected the claim for interest on the award on the ground that arbitrator has not admitted the interest of 24% per annum claimed by petitioner. 2. Shri Prafull N. Bharat, Advocate for the petitioner is heard. 3. Order impugned perused. Learned counsel for the petitioner submits that arbitrator has not admitted interest of 24% per annum but petitioner is entitled for interest up to the rate of 18% per annum in accordance with Clause B of sub-Section 7 of Section 31 of the Arbitration and Conciliation Act, 1996. As per aforesaid provision, a sum directed to be paid by an arbitral award shall, unless the award otherwise directs, carry ta interest at the rate of eighteen per eentum per annum from the date of the award to the date of payment. 5. Learned counsel for the petitioner further submits that arbitrator has not directed otherwise or has not denied future interest therefore, petitioner is entitled for interest on aforesaid award. 6. As per order impugned, Court below has held that claim of interest has not been admitted by the arbitrator i.e. same has been denied this is other were direction and in these circumstances, petitioner 1s not entitled for interest. 7. On due consideration especially considering the award in which interest of 24% per annum has not been admitted, I do not find any illegality in such finding of the Executing Court. Consequently, petition is liable to be dismissed and is hereby dismissed at the stage of admission itself. However, petitioner is at liberty to approach arbitrator for correction of suitable direction in accordance with lawi No order as to costs. Sd/— T.P. Sharma Judge