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1996 Supreme(AP) 829

C.V.N.SASTRY, LINGARAJA RATH
V. C. Brahmanna – Appellant
Versus
State Of A. P. – Respondent


LINGARAJA RATH, J.

( 1 ) ALL these cases arise out of a common order passed by Subordinate Judge, tadepalligudem relating to an award passed by the arbitrator on the claims preferred by the appellant in C. M. A. . No. 1854 of 1989. The appellant and the respondent State in that appeal are referred to, for the sake of convenience, in the present judgment as the appellant and the respondent.

( 2 ) THE appellant undertook the contract of widening and strengthening the carriage way K. M. 79. 50 to K. M. 111. 50 of V. V. Road. In the execution of the work dispute arose between the parties which was referred to an arbitrator who submitted his award on 3-10-1987. The appellant had preferred nine items of claims and interest on each item. The arbitrator allowed claim items 1, 2, 3, 4 and 6 for various sums but rejected claim items 5, 7, 8 and 9. He also awarded interest at the rate of 15% per annum from the date of entering upon the reference i. e. , 28-4-1985 till the date of decree or payment. The appellant filed O. S. No. 5 of 1988 in the Court of Subordinate Judge, Tadepalligudem seeking the award to be made the rule of the Court. The respondent filed O. P. No. 35 of 1987 under section













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