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2002 Supreme(AP) 749

V.ESWARAIAH
Union of India, rep. by General Manager, South Central Railway, Secunderabad – Appellant
Versus
Gopalakrishnamurthy – Respondent


V. ESWARAIAH, J.

( 1 ) THIS Civil Revision Petition is filed by the union of India represented by the General manager, South Central Railway and two others against the order dated 29-9-2001 made in E. P. No. 41/2001 in O. P. No. 20/1997 and O. S. No. 370/1996 on the file of the learned III Additional Senior Civil Judge, city Civil Court, Secunderabad.

( 2 ) THE respondent is the contractor. Both the petitioner and the respondents have entered into an agreement for execution of certain works. As certain disputes arose between the respondent - contractor and the railways, the contractor/respondent invoked the arbitration clause and the competent authority appointed the joint arbitrators and the arbitrators passed an award on 05-10-1996. The petitioners -railway authorities herein filed O. P. No. 20/1997 challenging the award on various grounds to set aside the award and the contractor filed O. S. No. 370/1996 to make the award as the rule of court. The court below, by a common judgment and decree in O. S. No. 370/1996, decreed the suit in part making the award rule of the court in respect of Claim Nos. 2 to 6 and counter claim Nos. 1 and 2 of the railways. The suit was dismissed in re









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