GOVERNMENT OF ANDHRA PRADESH Vs. P V SUBBANAIDU

JUDGEMENT

(1.) THESE Civil Miscellaneous Appeal and Civil Revision Petition are preferred by the Government of Andhra Pradesh against the judgment and order of the learned IV Additional Judge, City Civil Court, Hyderabad, in O.P.No. 280/1983 and O.S.No.1543/1982. Under the said order, the learned Addl. Judge has rejected the petition filed by the Government to set aside the award made by a panel of arbitrators, and made the award a rule of the Court.

(2.) AN agreement was entered into between the Government and the respondent con tractor on 5-10-1978 pertaining ro earth work excavation and forming embankment of G.S.Main Canal beyond Lower Manair Dam from KM 148 to KM 149. It was a lumpsum contract. The approximate value of work to be done under the contract was estimated at Rs. 27,50,891. 05 Ps. Time for completing the work was 12 months from the date of delivery of the site. Site was delivered on 21-10-1978. A major portion of the work was completed before the expiry of twelve months, but not the entire work. The work was no doubt completed later. After completion of the work the contractor raised certain claims, which were not accepted by the Government.. Thereupon, a dispute was raised by the respondent, in terms of Cl. 73, which was referred to a panel of Arbitrators, comprising the Chief Engineer (Investigation), Deputy Secretary to Government, Finance & Planning, and Director of Accounts.

(3.) CLAIM No. (1): The site was handed over to the respondent-contractor on 21-10-1978. Immediately he paid advances to the labour and transported them to the site. He provided housing accommodation and other amenities to them. Progress of the work was much ahead of the schedule. However, towards the end of June 1979 by which time 88% of the work was completed