K PRAKASH RAO Vs. SINGARENI COLLERIES COMPANY LIMITED

JUDGEMENT

(1.) THESE three revision petitions are directed against the common order passed by the learned IV Additional Judge, City Civil Court, Hyderabad in I.A. No. 1746/90 in O.P. Nos. 401/90, 1747 of 1990 in O.P. Nos. 402 of 1990 and 1745 of 1990 in O.P. No. 403 of 1990 dismissing the applications filed by the petitioner herein to allow the OPs. - O.P. Nos. 401, 402 and 403 of 1990 - and to pass decrees in terms of the three awards passed by the arbitrator. As all the three revision petitions are inter-connected, the same are disposed of by this common judgment.

(2.) THE petitioner herein was entrusted with execution of certain contract works by the respondent - the Singareni Collieries Company Limited, a Public Sector Corporation (hereinafter referred to as "the Company"). As disputes had arisen relating to the execution of the works between the petitioner and the Company, a retired District Judge was appointed as an arbitrator by the court and he, after entering upon reference, passed three awards on 30.8.1990 and filed them in the court after due notices to both sides. Within 30 day of receiving the notice, the petitioner filed on 4.10.1990, three O.Ps. - O.P. Nos. 401, 402 and 403 of 1990 praying the court to make each of awards, a rule of the court and to pass three separate decrees in terms of the awards. THE three O.Ps. were registered on 6.10.1990 by the court and posted them on 8.12.1990 for the appearance of the opposite party-the Company. On 21.9.1990, the Company, on its part, filed three O.Ps. - O.P. Nos. 7, 8 and 9 of 1991 seeking to set aside the three awards.

(3.) AS already mentioned, on 29.12.1990, the three I.AS., from out of which the present revision petitions arise, were filed by the contractor (petitioner herein) requesting the court to pass decrees in each of the three O.Ps., filed by him in terms of the three awards passed by the arbitrator. The three applications filed by the petitioner were founded primarily, on the contention that between 15.11.1990 and 15.1.1991 - the interregnum between the return of the Company's O.Ps., and their representation - there were no applications by the Company on the file of the court seeking to set aside the three awards passed by the arbitrator and by 29.12.1990, the period of 30 days in filing the applications to set aside the awards under Article 119(b) of the Limitation Act had expired and, therefore, the three O.Ps., filed by the petitioner for passing decrees in terms of the three awards should be allowed.