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1982 Supreme(AP) 362

P.A.CHOUDHARY, P.KODANDA RAMAYYA
Orissa Engineer and Erectors – Appellant
Versus
A. P. State Electricity Board – Respondent


P. A. CHOWDARY, J.

( 1 ) THE appellant was one of the defendants in O. S. No. 1045 of 1980 on the file of the VI addl. Judge, city civil Court Hyderabad. That suit was filed by the A. P. State Electricity Board for recovery of a huge sum of Rs. 60 lakhs and odd from the appellant as due towards damages for failure to perform a contract entered into by the appellant with the A. P. state Electricity Board on 15-5-1978 agreeing to supply electrical transformers that agreement concluded between the A. P. state electricity Board on one hand and the appellant on the other provided for claiming payment up to Rs. 2 lakhs by the punjab national Bank, Bhuvansewar, orissa state towards damages which will become payable by the appellant in the event of his committing breach of that agreement the A. P. state electricity Board had therefore sued both the appellant in the event of his committing breach of that and the punjab national Bank, Bhuvaneswar for damages for the nonperformance of the agreement dt 15-5-1978 and also for the relief of a decree against the punjab national bank for recovery of Rs. 2 lakhs the appellant had filed I. A. No. 1369/80 under S. 34 of the Arbitration Act, 1940 seek









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