SUPERINTENDING ENGINEER IRRIGATION CIRCLE Vs. DEVENDER REDDY

JUDGEMENT

(1.) The revisions and appeals arise out of an award dated 5-5-1991 passed by the Arbitrator and hence they are disposed of by a common judgment.

(2.) The factual matrix leading to the filing of these revisions and appeals are set out as hereunder:

(3.) The State entered into an agreement No. 34/85-86 dated 4-3-1986 with the revision petitioner-contractor who was entrusted with the work of flood damage repairs of Anicut across Hussain Miya Vagu, Gangaram village of Srirampur Revenue Mandal, Karimnagar District. As per the terms and conditions of agreement the revision petitioner contractor has to complete the work within a period of nine months from the date of taking possession of the site. According to the revision petitioner, possession was given on 5-3-1986 and according to the respondent, possession was given on 4-4-1986. But the work could not be completed for various reasons for which the contractor is not responsible. Ultimately the contractor invoked arbitration clause in the agreement and Arbitrator was appointed on 5-8-1988. The order of appointment was challenged by the respondent State both in the High Court and in the Supreme Court and the same was confirmed both by the High Court and the Apex Court. The contractor has put as many as seven claims before the Arbitrator and the Arbitrator conducted a detailed enquiry and passed an award on 5-5-1991 and allowed claim Nos. 1,2-A, 2-B, 3, 6 and 7. The claimant-contractor filed O.S.No. 64 of 1991 on the file of the Subordinate Judge, Peddapalli for making the award 'rule of the Court'. The Subordinate Judge has decreed the suit but negatived the claim of 'pendents lite interest'. Aggrieved by the decree of the Subordinate Judge negativing the relief of 'pendente lite interest' C.R.P.No. 748 of 1995 has been filed.