GOVERNMENT OF A P Vs. P KRISHNA PRASAD

JUDGEMENT

(1.) This Revision Petition is directed against the Judgment and decree dated 4.6.2001 in O.S. No.1026 of 1990 on the file of the Court of the Additional Judge, City Small Causes Court, Hyderabad-cum- VI Senior Civil Judge, City Civil Court, Hyderabad making the Award dated 26.9.1990 Rule of the Court.

(2.) The defendants 1 to 3 are the Revision Petitioners. The plaintiff/ 1st respondent herein, who is a Class-1 contractor, entered into an agreement with the Government of A.P. for execution of the works namely widening the carriage-way to two lanes in Mile 75/0 to 100/0 of Hyderabad Kumool Road, NH7. In view of certain disputes arose during the execution of the said works and thereafter the plaintiff filed O.P. No.344 of 1985 in the Court of the 1st Addl. Judge, City Civil Court, Hyderabad and got appointed the 4th defendant Arbitrator (respondent No.2 herein). After conducting due enquiry the Arbitrator passed an Award dated 26.9.1990. Thereafter on 15.9.1990 the plaintiff filed O.S. No.1026 of 1990 seeking a direction to the Arbitrator to produce the original Award and to make the said award rule of the Court and for consequential reliefs.

(3.) The 2nd defendant, Superintending Engineer filed a written statement admitting that an award was passed by the Arbitrator on 26.9.1990, however, stating that he is not aware whether the award was filed into the Court or not. He also reserved his right to question the correctness of the award by filing a petition after receipt of notice of filing of the award into Court. The defendants 1 and 3 i.e., the Government of A. P. and the Executive Engineer filed a memo adopting the written statement filed by the 2nd defendant. However, the defendants have not filed any further objections nor any application to set aside the award was filed.