IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CIVIL REVISION NO.5658 OF 2007 DATE OF DECISION: JANUARY 30 , 2008 New India Assurance Company Ltd., Chandigarh .....Petitioner VERSUS M/s Sunheri Cotton Spinners Pvt. Ltd. ....Respondent CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? PRESENT: Mr. Ashwani Talwar, Advocate, for the petitioner. Mr. C. B. Goel, Advocate, for the respondent. **** RANJIT SINGH, J. This revision is directed against the order dated 20.9.2007 passed by the Additional District Judge, Panipat. The dispute relates to the payment of amount and interest thereon on the basis of which it is directed that a sum of Rs.6,03,174/- is still recoverable from the petitioner-judgment debtor, which is the Insurance Company. During the course of arguments, it transpires that there was not much dispute but still the counsel differed in their perception in regard to the order passed. The issue arises out of two awards given by the Arbitrator i.e. One interim award and then the final award. Interim award was allowed in favour of the respondent directing payment of Rs.78,18,129/-. This is not in CIVIL REVISION NO.5658 OF 2007 :{ 2 }: dispute. It is further not in dispute that the directions were to release this payment within 15 days, failing which the claimant was held entitled to an interest @ 12% per annum till payment. Instead of making this payment within 15 days, as directed, the petitioner- Insurance Company paid this amount on 15.5.2005. Obviously, the Company was required to pay the interest from the date of award to the date of payment with 12% interest as is the direction in the interim award. Subsequently, a final award was also given. The claimants were held entitled to a sum of Rs.1,25,69,010/-. Regarding the interest, it is observed that the respondent i.e. the petitioner was itself responsible for the delay and accordingly the claimants were awarded the above-mentioned amount alongwith interest @ 12% per annum with effect from 1.4.2003. At the same time, it is clarified that the claimants have already received a sum of Rs.78,18,129/- pursuant to the interim award dated 28.8.2004. This sum was excluded from the total sum due to the claimants. It was further held that the claimants shall be entitled to the interest on a sum of Rs.1,25,69,010/- from April 1st, 2003 to August 28, 2004 till the date payment is made by the petitioner. This perhaps has led to the dispute between the parties. If the petitioner-Company had made the payment of interim award on 28.8.2004, there was no occasion for any dispute or difference. This has mainly resulted due to the fact that this payment was released only on 15.5.2005. Thus, the total sum awarded of Rs.1,25,69,010/- was not paid till 15.5.2005. The submission made by counsel for the petitioner is that the sum as CIVIL REVISION NO.5658 OF 2007 :{ 3 }: awarded by the interim award, though paid on 15.5.2005, but it was alongwith interest @ 12%. This interest can not be mixed with the final direction to pay interest on the entire amount. That interest would accrue on account of non-payment of the said amount within 15 days as directed in the interim award. It was to ensure prompt payment, which indeed was not done. Accordingly, that interest is not to be counted towards the interest which is ultimately awarded. In this view of the matter, the impugned order does not suffer from any error. The interest on the entire amount would be due upto 28.8.2004 and subsequently on remaining amount, as directed, as a sum of Rs.six lacs odd paid as interest, was on account of delayed payment of the interim award and can not be counted towards the final payment as directed in the final award. Accordingly, the present revision does not call for any interference. The revision petition is dismissed. January 30 ,2008 ( RANJIT SINGH ) khurmi JUDGE