STATE OF ANDHRA PRADESH Vs. CHEVIREDDI VENKATAKRISHNA REDDY

JUDGEMENT

(1.) This revision is directed against the order passed by the Subordinate Judge, Kovvur, in O.P. 63/92, dated 28-7-1994, whereby the panel arbitrators have been directed to adjudicate the dispute afresh giving opportunity to both sides.

(2.) Briefly stated, the facts which are no longer in dispute before me are that the respondent was entrusted with the work of execution of North Feeder Channel from K.M. 1.60 to 5.6 of Somasila Project by the Superintending Engineer, Somasila Project, Nellore and the agreement was executed vide agreement No. 9/SE/77-78. There was a term in this agreement that in case of dispute, the matter could be referred to the arbitration of the Chief Engineer, P.W.D. (R&D), Deputy Secretary to the Government, Finance and Planning Department and the Director of Accounts, Sriramsagar Project. The respondent-Contractor, alleging that correct measurement was not done and he was entitled to claim more amount from the Superintending Engineer for the work done, referred the dispute to the panel of arbitrators mentioned above. The arbitrators passed their award on 3-6-1986 whereby the claim of the respondent-contractor was rejected on the ground that he had executed a receipt evidencing final payment of work done by him. On 7-7-1986, the respondent-contractor filed an application under Section 14 of the Arbitration Act of 1940 (in short 'the Act') for issuance of a direction to the arbitrators to file the impugned Award in the court along with all the documents and records. This case was registered as O.P. 122/86. On the same day, the respondent-contractor filed another application under Section 30 of the Act alleging misconduct on the said arbitrators and had claimed the relief that the arbitration award dated 3-6-1986 should be set aside. This application was registered as O.P. 123/86. In both these petitions, the State of Andhra Pradesh only was made a party.

(3.) The lower Court, in O.P. No. 122/86 passed the following order :