K VENKATESWARA RAO Vs. T SESHACHALAPATHI

JUDGEMENT

(1.) All these three macters arise out of a common order passed by the III Additional Judge, City Civil Court, Secunderabad in O.S.No.121 of 1992 and O.P.No. 84 of 1992 dated 23-7-1993.

(2.) O.S.No. 121 of 1992 is filed by the joint arbitrators for making the award passed by them on 19-2-1992 as Rule of the Court and also to award costs of the suit. The first defendant in the said suit is the Union of India, represented by its Chief Engineer, South Central Railways, Secunderabad. The second defendant is Sri K. Venkateswara Rao, the contractor.

(3.) O.P.No. 84 of 1992 is filed by the Union of India seeking to set aside the Award dated 19-2-1992 passed by the Arbitrators. The first respondent in the said O.P. is K. Venkateswar Rao, the Contractor and the respondents 1 and 2 are the joint Arbitrators. The Court below by a common order dated 23-7-1993 decreed the suit O.S.No 121 of 1992 with costs making the Award passed by the Arbitrators dated 19-2-1992 as Rule of the Court and dismissed the O.P.No. 84 of 1992. The Court below also held that the contractor is entitled for interest at the rate of 12 per cent per annum from the date of pending of the Award before the Arbitrators till the realisation of the Award amount.