ORDER Gohil, J. -- 1. The petititoner has filed this civil revision against the award dated 30.4.1998 passed by the Madhya Pradesh Arbitration Tribunal, Bhopal in Reference Case No. 57/1995. 2. At the time of argument in this civil revision a question arose whether the counter claim tiled by the respondent for a sum of Rs. 2,51,816/- is maintainable or not. Admittedly this question was referred for consideration to the Full Bench and Hon'ble Full Bench vide order dated 7.4.2006 [ 2006 (2) JLJ 186 ] has held that unless the counter claim is adjudicated by the final authortiy, the same is not maintainable before the Tribunal. The Full Bench has also considered this aspect of the matter that the respondent had not filed any counter claim for the aforesaid amount of Rs.2,51,816/- before the final authority, and has directly approached the Tribunal. Therefore, at this stage we have also considered this aspect of the matter that the aforesaid amount, which has been claimed by the respondent before the Tribunal was not referred to the final authority for adjudication as per the agreemented provisions before filing the petition in the Tribunal. 3. In view of the above this civil revision is partly allowed and that part of the award of the Tribunal is set aside, whereby the claim of Rs.2,51,816/- is decreed. 4. At this stage Shri S.S. Bansal, learned counsel for the petitioner has submitted that the said amount has already been paid to the respondent. In view of this fact, if the amount has already been paid, he has right to recover the same with interest. 5. Bansal for petitioner; Deepak Chanda with N.S. Tomar for respondent.