R DWARAKANATH REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) All these four cases arise out of the common judgment delivered in O.S. No. 731 of 1985 and O.P. No. 342 of 1985 in relation to one arbitration award and hence are disposed of by this common judgment.

(2.) An award was made by the arbitrator on 30-5-1985 allowing only claim Nos. 1, 2 and 5 of the claimant-Contractor in respect of the earth work excavation and forming embankment of Kakatiya canal from K.M.181/0 to K.M.182/0. O.P. No. 342 of 1985 was filed by the State to set aside the award and O.S. No. 731 of 1985 was filed by the contractor to make the award the rule of the Court. Common judgment was delivered by the learned I Additional Judge, City Civil Court, Hyderabad setting aside the award so far as claim No. 2 was concerned and upholding it so far as claim Nos. 1 and 5 were concerned. Both the cases were thus partly allowed and decreed. C.M.A. no. 770 of 1988 has been filed by the contractor against the judgment in O.P. No. 342 of 1985 and he has also filed CRP No. 3716 of 1988 against the judgment in O.S. No. 731 of 1985. Likewise, C.M.A. No. 907 of 1988 has been filed by the Government against the judgment in O.P. No. 342 of 1985 so far as it went against them and C.R.P. No. 1129 of 1993 has also been filed by the Government as against the judgment in O.S. No. 731 of 1985 so far as it went against them.

(3.) In the present judgment the parties are referred to in the same description as they are found in C.M.A. No. 770 of 1988, the claimant-contractor being referred as the appellant and the Government being referred as the respondent.