JUDGMENT :

[Sambasiva Rao Naidu, J.]

1. Being aggrieved by the Judgment and Decree of I Additional Chief Judge, City Civil Court, Secunderabad, dated 15-03-2018 in Arbitration O.P.No.101 of 2010 by which their request for setting aside the Award dated 09-08-2007 passed by the learned Arbitrator in respect of Claim No.7 and costs of Arbitration was negatived, the petitioners in the said Arb.O.P.No.101 of 2010 and respondents in Arbitration application No.7 of 2004 preferred the present Civil Miscellaneous Appeal on various grounds:

2. Before going into the merits of the appeal and grounds on which the present appeal is filed, it would be necessary to look into the details of said Arbitration Application, Award passed by the learned Arbitrator, petition in Arbitration O.P., and order therein.

3. Prior to 1990, the Railway Board took a decision to run the trains on a track free from harsh sounds, bumps and jerks which occur at the joints of rails. A policy was evolved to join the rails through welding process so that there will not be any joint between the rails, which generally cause