SECRETARY TO GOVT Vs. P SUNDER RAMI REDDY

JUDGEMENT

(1.) The first respondent was awarded a civil contract by the appellants through an agreement, dated 09.12.1976. The work was to be completed within a period of one year from the date of agreement. However, the first respondent did not complete the work and has cited disturbances said to have been caused on account of cyclone and fall of sky-lab. It was only on 31.01.1981, the work was completed and the final bill was paid to him on 11.06.1982. Stating that he signed the final bill under protest, the first respondent went on making claims. A notice was issued by him on 05.03.1990 to the fifth appellant demanding certain amounts. The correspondence ensued and it is stated that certain amounts were paid thereafter. Alleging that the appellants did not comply with the conditions of the contract, the first respondent prayed for appointment of an arbitrator in terms of the agreement. Since there was no positive response, he filed O.S. No. 1167 of 1990 in the Court of V Senior Civil Judge, City Civil Court, Hyderabad. A detailed reference was made to the prolonged correspondence that ensued till the date of filing of the suit.

(2.) The appellants filed written statements opposing the suit. According to them, most of the claims made by the first respondent are time barred and that the arbitrator cannot be appointed. During the pendency of the suit, the first respondent died and his legal representatives were brought on record.

(3.) Through judgment dated 12.07.2012, the trial Court decreed the suit and appointed one Sri M. Chalapati Rao, Retired District Judge, as arbitrator. The appellants feel aggrieved by the same.