DURGA ENTERPRISES Vs. UNION OF INDIA

JUDGEMENT

(1.) This revision petition is filed by the first respondent in LA. No.2598 of 1998 in O.P. (SR) No.7956 of 1998 against the order dated 28-2-2001 of the Chief Judge, City Civil Court, Hyderabad.

(2.) The Union of India represented by the Chief Engineer, South Central Railway, Secunderabad filed O.P. (SR) No.7956 of 1998 to set aside the award of the Arbitrators dated 19-1-1998 on the ground that the Arbitrators did not consider the counter-claims made by the Union of India along with LA. No.2598 of 1998 to condone the delay of 30 days in filing the petition under Section 34(3) of the Arbitration and Conciliation Act, 1996 ('the Arbitration Act, 1996' for brevity). The Chief Judge, City Civil Court, allowed the said application. The revision petitioner being aggrieved by the order of the lower Court preferred this revision challenging the validity and legality of the order of the lower Court dated 28-2-2001.

(3.) The revision petitioner is a contractor. He entered into an agreement with the first respondent-Union of India on 19-1-1995 for execution of the work of providing RCC Washable Aprons for Platform No.4 at Vijayawada. The work was agreed to be completed within 45 days from the date of issuing of acceptance letter i.e., from 10-10-1995. After issuing of acceptance letter the work was entrusted to the revision petitioner, but he failed to execute the work as per the time schedule. He abandoned the work despite extension of time. Subsequently the revision petitioner raised certain claims and sought for appointment of Arbitrators. The Arbitrators after considering the claims of both parties passed an award on 19-1-1998 and the copy of the said award was received by the first respondent on 21-1-1998.