P. VENKATARAMA REDDI, J.

( 1 ) THESE two Civil Miscellaneous Appeals under Section 39 of the Arbitration act arise out of a common order passed by the Principal Subordinate Judge, visakhapatnam in O. P. Nos. 64 and 94 of 1992. O. P. No. 64/94 was filed by the respondent-contractor under Sections 30 and 33 of the Arbitration Act to set aside the award dated 25-2-1992 made by the sole arbitrator. O. P. No. 94 of 1992 was filed by the respondent herein under the same provisions for the same relief. Thus, bom the appellant as well as the respondent objected to the award. The learned Subordinate Judge allowed both the O. Ps, set aside the award and appointed another retired District Judge as arbitrator to adjudicate the dispute between the parties. The operation of that judgment has been stayed by this court, with the result, fresh proceedings have not commenced.

( 2 ) THE relevant facts are these: pursuant to the acceptance of the tender on 26-9-1986, the work relating to "modification of Atmospheric and Distillation Units for Re-vamping of c. D. U. /v. D. U. at Visakha Refinery" was awarded to the respondent. The original value of the contract was Rs. 95. 84 lakhs. A written agreement

Click Here to Read the rest of this document