STATE BANK OF INDIA Vs. RAM DAS

JUDGEMENT

(1.) These cases arise out of an Award passed on 8-8-1984 by the Umpire in the Arbitration proceedings. C.M.A.No.1805/94 is filed by the State Bank of India and directed against the Judgment in O.P.No.76/85 on the file of the learned I Additional Judge, City Civil Court, Hyderabad, filed under Section 30 and 34 of the Arbitration Act, 1940 to set aside the Award dated 8-8-1984. C.R.P.No.5283/94 is directed against the Judgment and decree dated 27-4-1993 passed in O.P.No.968/93 making the Award Rule of the Court. C.R.P.No.5367/94 is directed against the Judgment and decree in O.S. No.191/85. The said suit is filed by the Umpire to issue notices to the parties to the arbitration proceedings and for making the Award dated 8-8-1984 passed by the Umpire Rule of the Court. All the matters were disposed of by the learned trial Judge by a common judgment under challenge.

(2.) For the sake of convenience the parties shall be referred to as the petitionerand respondents, as arrayed in CR.P.No.5283/94.

(3.) The first respondent, M/s. Ramdas Contractors shall be referred to as the contractor and the petitioner as the State Bank of India (for short 'SBI'.). The contractor raised a dispute in respect of execution of work relating to the construction of Local Head Office building of the SBI at Hyderabad. The parties have entered into an agreement on 6-10-1978 relating to the said contract. The matter was referred, to arbitration under Clause 36 of the agreement dated 6-10-1978. Two arbitrators viz., M.Sudhakar Reddy and T.K.Mohan Rao, were appointed as arbitrators. The arbitrators could not reach to a unanimous decision in the matter of passing the Award. Consequently one Sri. M.U.Hattikudur was appointed as Umpire to adjudicate the dispute. The arbitrators made available all the documents filed before them by the parties to the Umpire and the Umpire entered upon the reference on 5-5-1984 and both the parties were required to submit their respective claims. The parties have filed their statement of claims and made available the correspondence between the parties. The correspondence between the parties, filed by the Contractor/claimant was marked before the Umpire as Exs. C-33, 34 and 35 and the counter claim filed in one volume by the SBI during hearing was marked as Ex. R-39. Both the parties have agreed before the Umpire to rely upon all the documents produced by them before the joint arbitrators. The documents upon which the reliance was placed by the claimant/contractor were marked as Exs. C-1 to C-32; whereas the documents filed and relied upon by the State Bank of India were marked as Exs. R-1 to R-38. A copy of the agreement is marked as Ex. R-4. Copies of all the documents, claims and counter claims were exchanged between the parties. The Umpire having entered appearance had given due notice to the parties, heard the parties on 13th, 14th and 15th of June, 1984. The parties were represented by their respective legal Advisors.