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1993 Supreme(AP) 107

D.JAGANNADHA RAJU
CHIEF ENGINEER, HYDERABAD URBAN DEVELOPMENT AUTHORITY – Appellant
Versus
GLOBAL CONSTRUCTIONS – Respondent


Advocates Appeared:
Kotamaraju Janardana Rao and S.C. Huda, for the Petitioner.
M.R.K. Choudhary, M. Nageswara Rao, B. Subba Rao and S.S.R. Murty, for the Respondents.

JUDGMENT

D.J. Jagannadha Raju, J. - This C.R.P. is filed by the respondent in O.P. No. 284 of 1990 on the file of the V Additional Judge, City Civil Court, Hyderabad. The O.P. was filed by the contractor under Sections 5, 8, 11 and 12 of the Indian Arbitration Act, requesting the court to appoint a sole arbitrator to adjudicate the disputes between the parties arising out of the Agreement No. HUDA/DEV/17/85, dated 3.8.1985. The agreement related to the construction of a mini stadium in the city college grounds.

2. In this revision, Sri Kotamraju Janardana Rao questions the order passed by the V Additional Judge appointing Sri G. Appa Rao, retired Chief Engineer, as the sole arbitrator. He contends that for all claims over the value of Rs. 50,000/-, a regular civil suit has to be filed. He also contends that in this case as the final bill was settled and the final bill was paid on 3.7.1989 after the contractor withdrew all his protests and as he has received the payment on 6.7.1989, the agreement no longer subsists and hence the contractor is not entitled to invoke arbitration clause in the agreement. According to him, as there is a full and final settlement, there is nothing that h


















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