STATE OF ANDHRA PRADESH SUPERINTENDING ENGINEER NAGARJUNA SAGAR LEFT CANALS KRISHNA DISTRICT Vs. K KRISHNAM RAJU

JUDGEMENT

(1.) This Civil Miscellaneous appeal and the Civil Revision Petition filed by the State of Andhra Pradesh and its officials of Irrigation Department arise out of the common judgment passed in O.P.No.329 of 1987 and O.S.No.1684 of 1987 on the file of II Senior Civil Judge, City Civil Court, Hyderabad, whereby the learned Senior Civil Judge made the award dated 8-1 -1987 a rule of the court. The C.M.A. is filed against the order passed in O.P. 329 of 1987 on the file of II Additional Senior Civil Judge, City Civil Court, Hyderabad. The C.R.P. is filed against the judgment and decree passed in O.S.1684/87, on the file of the same court. By a common judgment dated 29-6-1999 the learned Senior Civil Judge dismissed O.P. 329/87 and decreed O.S.1684/97 making the award dated 8-1 -87 a rule of the court.

(2.) O.S.No.1684 of 1987 was filed by K. Krishnam Raju on the file of II Senior Civil Judge, City Civil Court, Hyderabad under Sections 14 and 17 of the Arbitration Act to make the award dated 8-1 -1987 a rule of the court and pass a decree in terms of the award. The said K. Krishnam Raju died pending trial of the suit and plaintiffs No.2 to 4 came on record as per order dated 15-3-99 in I.A.No.250/88. D-1 and D-2 in the said suit viz., Superintending Engineer, Nagarjuna Sagar Left Canal Circle (NSLC) Nuzvid and Executive Engineer, N.S. Canals Vijayawada filed O.P. 329 of 1987 under Sections 30 and 33 of the Arbitration Act to set aside the aforesaid award dt.8-1-1987.

(3.) The facts of the case in brief leading to filing of the suit and the O.P. are as follows: The Superintending Engineer, NSC Nuzvid called for tenders for excavation of Machavaram Major from KM 2.00 to 4.00. The main nature of the work was excavation of canal in specified soil strata to specified levels and sections and also consolidation of banks. The plaintiff hereinafter referred to as the Contractor, submitted his tender on 24-4-1978. The defendants, hereinafter referred to as department, accepted the tender as per the letter dated 11-7-1978. The value of the work was estimated at Rs.2,48,352.50 or such other sum as may be required at under the terms of contract for the construction, completion and maintenance of the works at the time and in the manner prescribed by the contract. The time stipulated for completing the work was six months from the date of handing over the site. The contractor commenced the work on 16-9-1978 and could not complete the work within the stipulated time. The contractor left the site without completing the work. Some disputes arose between the contractor and the department with regard to claims put forth by the former. The contractor filed O.P. 296/85 on the file of II Additional Judge, City Civil Court, Hyderabad for appointment of an Arbitrator and the said O.P. was allowed and Sri. T. Krishna Murthy, Retd. Chief Engineer was appointed as sole- arbitrator. The arbitrator conducted enquiry and passed award on 8-1-1987. The contractor filed O.S.No.1684/1987 on the file of II Additional Judge, City Civil Court, Hyderabad to make the award a rule of the court. The department filed O.P. 329/1987 on the file of II Additional Judge, City Civil Court, Hyderabad to set aside the award. The learned II Additional Judge directed the arbitrator to assign reasons for awarding Rs.1,30,058/- under various claims to the contractor. The arbitrator furnished detailed reasons on 26-12-1990 for awarding Rs.1,30,058/- under various claims. The Department filed objections to the reasoned award and whereas the contractor filed rejoinder. The learned II Senior Civil Judge heard the suit and the O.P. together and decreed the suit and dismissed the OP. by judgment dt. 29-6-1999 making the award as a rule of the court. Feeling aggrieved by the judgment and decree passed in O.S.1684 of 1987 and O.P. 329/1987 on the file of II Additional Judge, City Civil Court, Hyderabad, the department filed C.R.P. No.1919 of 2000 and C.M.A.No.791/2000.