STATE OF A P Vs. R V RAJARAM

JUDGEMENT

(1.) THE appeal and the C.R.P. arise out of Arbitration proceedings. THE State of Andhra Pradesh and the concerned Executive Engineer are the appellants. C.M.A. No.1152 of 1986 is filed against the decree in 0.P.No.312 of 1985 on the file of the Second Additional Judge, City Civil Court, Hyderabad making the award a rule of the Court under Section 14 of the Arbitration Act. C.R.P.No.2728 of 1986 is filed against the order in O.S.No.915 of 1985 dismissing the petition to set aside the award under Section 30 of the Arbitration Act.

(2.) THE brief facts are one Sri Rayanam entered into a contract on 24-1-1981 with the State of Andhra Pradesh represented by the Superintending Engineer and others for formation of earth-dam in gorge portion from Chainage 3360 to 3380 M of Raiwada Reservoir Project near Devarapalli Village, Chodavaram Taluk, Visakhapatnam District. Some disputes arose between the parties. THE matter was referred to arbitration as per the Clause in the agreement. THE Contractor made as many as 11 claims claiming various amounts. THE arbitrator passed a consolidated award granting a sum of Rs.19.39 lakhs towards claims 1 and 3 to 11. Claim No.2 was withdrawn and the same was not taken into account by the Arbitrator.

(3.) THE submission of the learned Counsel for the appellant-department is that the decree of the Civil Court confirming the award discloses an error apparent on the face of the record and hence is liable to be set aside.