SUPERINTENDING ENGINEER Vs. B SUBBA REDDY

JUDGEMENT

(1.) This appeal is against the judgment dated December 23, 1992 of a Division Bench of the Andhra Pradesh High Court in proceedings arising out of the Arbitration Act 1940 (for short, the 'Act') where the High Court made the award as given by the arbitrator, rule of the Court. High Court dismissed the appeal filed by the Superintending Engineer, the same appellant as now before us and allowed the cross-objections of the respondents-contractor.

(2.) Two objections have been raised by Mrs. K. Amareshwari, Senior Advocate appearing for the appellant : (1) cross-objections are not maintainable under Section 41 of the Act; and (2) the arbitrator could not award interest for the period prior to reference of disputes to him. Not only that the arbitrator awarded interest over interest which he had no authority to do.

(3.) An agreement was entered into between the appellant and the respondent for execution of the work called "providing lining to bet and side slopes of Pamidipadu Branch Canal of N.S. Canals from K.M. 0-0-008 to 1-00-004 KM". Four separate agreements were entered into. As is usual in such contracts, disputes arose and these were referred to sole arbitrator who gave separate awards dated April 18, 1986 in respect of each of the agreements as under : <FRM>JUDGEMENT_311_JT3_1999_1.html</FRM>