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1988 Supreme(AP) 63

A.SEETHARAM REDDY
Chief Engineer, Tirumala Tirupathi Devasthanams, Tirupathi – Appellant
Versus
K. Subbarayudu – Respondent


A. SEETARAM REDDY, J.

( 1 ) TIRUMALA Tirupati Devas- thanams, Tirupati are the petitioners-defendants in both these revision petitions which could be disposed of by a common order as common point is involved.

( 2 ) THE plaintiff, a contractor filed the suit under Section 8 of the Arbitration Act (for short the Act ) for the appointment of a sole arbitrator by the court out of the panel submitted by him, on the ground that he had entered into a contract with the defendants for the improvement of first ghat road to Tirumala by hot mix process, after due formalities observed on the basi s of tenders, arranged the entire infrastructure facilities like machinery and so forth for executing the work. The plaintiff s offer of hypothecation of machinery was refused by the defendants as he was asked to produce Bank guarantee for interest-free advance and pending that the plaintiff was prevented from performing the contract and so he gave a notice but was no response from the defendants and, therefore,by invoking relevant clauses in the contract sent a claim petition to the arbitrator i. e. Superintending engineer, Roads and Buildings, cuddapah, for which the arbitrator called upon the defenda






















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