BRAHMANNA V C Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) All these cases arise out of a common order passed by Subordinate Judge, Tadepalligudem relating to an award passed by the arbitrator on the claims preferred by the appellant in C.M.A.. No.1854 of 1989. The appellant and the respondent State in that appeal are referred to, for the sake of convenience, in the present judgment as the appellant and the respondent.

(2.) The appellant undertook the contract of widening and strengthening the carriage way K.M. 79.50 to K.M. 111.50 of V.V. Road. In the execution of the work dispute arose between the parties which was referred to an arbitrator who submitted his award on 3-10-1987. The appellant had preferred nine items of claims and interest on each item. The arbitrator allowed claim items 1, 2, 3, 4 and 6 for various sums but rejected claim items 5, 7, 8 and 9. He also awarded interest at the rate of 15% per annum from the date of entering upon the reference i.e., 28-4-1985 till the date of decree or payment. The appellant filed O.S. No.5 of 1988 in the Court of Subordinate Judge, Tadepalligudem seeking the award to be made the rule of the Court. The respondent filed O.P. No.35 of 1987 under Sections 30 and 33 of the Arbitration Act to set aside the award so far as it had allowed the claims in favour of the appellant. The learned Subordinate Judge in his common judgment on 27-4-1989 partly allowed O.S. No.5 of 1988 by confirming the award so far as claim items 1, 2 and 3 were concerned but refused to confirm the award in respect of claim items 4 and 6. Similarly, O.P. No.35 of 1987 was also partly allowed in refusing to confirm me claim items 4 and 6 but confirming the award in respect of claim items 1, 2 and 3. The learned Judge also reduced the interest as awarded by me arbitrator from 15 to 12 per cent per annum from the date of the award to the date of the suit and thereafter directed the interest to be at the rate of 6% per annum till the date of payment.

(3.) C.M.A. No.1854 of 1989 has been preferred as relating to O.P.No35 of l987 and C.R.P. No.3895 of 1989 has also been filed by me appellant as relating to the judgment in O.S. No.5 of 1988. Similarly, the respondent filed C.M.A. No.634 of 1990 as relating to O.P. No.35 of 1987 and C.R.P. No.3484 of 1990 has been filed by them against the judgment in O.S. No.5 of 1988. C.M.A. No.634 of 1990 has already been dismissed by this Court on 1-3-1996 for default.