SUPERINTENDING ENGINEER Vs. P RADHAKRLSHNA MURTHY

JUDGEMENT

(1.) C.M.A.NO. 425/1993 filed under Section 39 of the Arbitration Act and C.R.P.NO. 1246/1993 arise out of a common judgment in O.P.No. 56/1991 and O.S.No. 82/1991 on the file of Subordinate Judge, Bhimavaram.

(2.) O.P.NO.56/1991 was filed by the Superintending Engineer, P.W.D. (R&B), Eluru and another under Sections 14 (2) and 30 of the Arbitration Act raising objections to the award dated 33-7-1991 passed by the arbitrators and seeking relief to set aside that award. O.S.No. 82/1991 was filed by the respondent- contractor to direct me arbitrators to file the award into Court and to grant a decree in terms of the Award. The O.P.filed by the Government was dismissed and the suit filed by the Contractor was decreed. In other words, the award was upheld by the learned Subordinate Judge and it was made a rule of the Court. Aggrieved by the said Judgment, the State has filed this appeal and the revision.

(3.) Pursuant to a tender notification issued by the Superintending Engineer, Kakinada Circle calling for tenders for undertaking the work of forming approaches to railway over-bridge at level crossing No. 118 on Bhimavaram- Palakol Road, the respondent submitted the tender and the same was accepted on 16-8-1986. The total value of the contract was Rs. 125.93 lakhs. An Agreement was entered into between the contractor and the Government on 24-10-1986. The stipulated time for completion of the work was 24 months from the date of handing over the site.