SUPERINTENDING ENGINEER SOMASILA PROJECT Vs. R RAMANA REDDY

JUDGEMENT

(1.) IN C. R. P. No. 1056 of 1986, by an order dated 14-7-1987 (reported in 1987-2 APLJ (HC) 447), I have appointed Shri Justice Challa Kondaiah, retired Chief Justice of High Court of Andhra Pradesh as the sole arbitrator to adjudicate upon the disputes between the petitioner and the first respondent in respect of the words "Special Repairs to the existing W. B. M. Road and providing B.T. Surface to Atmakur-Somasila Road Kms. 15/0 to 21/0". IN pursuance of that order, the arbitrator has entered upon reference and after considering the oral and documentary evidence adduced before him, passed an award dated 12-11-1988 allowing the claim of the petitioner in C.R.P. No. 1056 of 1986 (hereinafter referred to as 'the Contractor') for a total sum of Rs. 91,606/with simple interest at 12% per annum from 4-8-1981.

(2.) THE Government filed C. M. P. No. 4428 of 1989 under Section 30 of the Arbitration Act (hereinafter referred to as 'the Act') to set aside the award on the ground of misconduct. THE contractor on the other hand filed C.M.P. No. 1134 of 1989 under Ss. 14 and 17 of the Act to make the award, a rule of the court. As common questions of fact and law arise in both the petitions, they were heard and are being disposed of together.

(3.) I shall deal with these objections seriatim.