UNION OF INDIA Vs. SATYANARAYANA CONSTRUCTION CO

JUDGEMENT

(1.) THIS civil revision petition is directed against the order dated 22-10-2007 passed in e. P. No. 20 of 2005 on the file of III Additional chief Judge, City Civil Court, Hyderabad, whereby and whereunder the learned additional Chief Judge overruled the objections of the judgment-debtors and ordered further step with regard to sale of e. P. schedule property.

(2.) BACKGROUND facts in a nutshell leading to filing of this civil revision petition by the judgment-debtors in E. P. No. 20 of 2005 are:-This is second journey to the High Court by the judgment-debtors. The respondent/decree-holder entered into an agreement with the indian Railways for laying Pedddapalli -Karimnagar new railway line. Certain disputes arose in respect of executing the work. Therefore, the decree-holder invoked the arbitration clause and filed A. A. No. 31 of 2001 seeking appointment of arbitrator to adjudicate the disputes. Sri K. Srinivasa Murthy, advocate, came to be appointed as a sole arbitrator to resolve the disputes. The sole arbitrator passed an award dated 6-2-2004. The decree-holder filed an application before the arbitrator under Section 33 of the Arbitration and Conciliation Act, 1996, (for short, 'the Act'), seeking certain modifications in the award. A supplementary award dated 3-3-2004 came to be passed by the arbitrator. The decree-holder submitted a representation dated 12-5-2004 to the Chief Administrative officer (Construction), South Central Railway, secunderabad, requesting for payment of the award amount. The Deputy Chief Engineer/ con. Plg/sc, South Central Railway, secunderabad, informed the decree-holder that the sole arbitrator has rendered an award for Rs. 16. 00 Lakhs towards cost of rock chiseling and Rs. 2. 00 Lakhs towards overhead expenses without there being any proof and the South Central Railway is prepared to pay the amounts awarded by the arbitrator on other items except the amount awarded under the above two items. For better appreciation, we may extract the text of the letter dated 30-6-2004 and it is thus:

(3.) HEARD Sri S. R. Ashok, learned senior counsel appearing for the petitioners/ judgment-debtors and Sri A. Ramalingeswara rao, learned counsel appearing for the respondent/decree-holder.