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1984 Supreme(AP) 234

PUNNAIAH, P.RAMACHANDRA RAJU
Government of A. P. – Appellant
Versus
Bactchala Balaiah – Respondent


PUNNAYYA, J.

( 1 ) THE Revision and the C. M. A. arise out of the proceedings of Original Suit No. 124 of 1982. The brief facts leading to the revision and the C. M. A. areas follows: The plaintiff in the suit was a contractor. He entered into an agreement with defendants 1 and 2 who represent the State of Andhra Pradesh to do earth work over the embankment of Godavari South canal beyond lower Manair Dam. His tender was accepted and he completed the work as per the agreement. However, disputes arose between him and the defendants regarding the payment of the amounts for the work done by him. Both parties appointed defendants 3 to 5 as arbitrators to resolve the dispute. After due enquiry, defendants 3 to 5 passed an award on 15-8-1982 in favour of the contractor-plaintiff. Copies of the award were communicated to defendants 1 and 2. But the Government did not pay the amount as per the award and hence the contractor filed the suit in the Subordinate Judge s Court, Ongole, to make the award a rule of Court. Defendants 1 and 2 did not file any petition to set aside the award in the Court under S. 30, Arbitration Act. R. P. Notices were taken on the defendants 1 to 5 on 29-10-1982. Not































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