SRI RAMA CONSTRUCTION Vs. M/S. MAX INFRA

JUDGEMENT

(1.) Heard learned counsel Sri K.Prabhakar for the appellant and the learned counsel Ms.Pratusha Boppanna appearing for the learned counsel Sri A.Venkatesh for respondent no.1.

(2.) The appellant in COMCA No. 48 of 2020 and COMCA.No.49 of 2020 is claimant before the learned Arbitrator and petitioner in C.O.P.No.232 of 2017 in the Court of the Judge Commercial Court cum XXIV Additional Chief Judge, City Civil Court, Hyderabad. The respondent herein is respondent before the learned Arbitrator and petitioner in C.O.P.No.195 of 2017. Parties are referred to as arrayed before the learned Arbitrator.

(3.) The Government of Andhra Pradesh awarded contract to execute balance of the work of 'Thotapally Barrage Project EPC Package-1' to a joint venture comprising of respondent and M/s.Prasad Constructions. The agreement was signed on 31/8/2012. In turn the respondent entrusted the entire work to the claimant with same terms as contained in the agreement dtd. 31/8/2012 entered with the Government. The agreement was entered into on 10/9/2012 called as 'work order'. However, the agreement envisaged that out of the bills payable for the works executed by the claimant the respondent is entitled to take 17.5 % towards Royalty.