THE HONOURABLE DR.JUSTICE G.RADHA RANI CIVIL MISCELLANEOUS APPEAL No.217 of 2006

JUDGMENT:

This Civil Miscellaneous Appeal is filed by the appellant - respondent aggrieved by the order dated 18.10.2005 passed in O.P.No.1716 of 2003 by the learned XIV Additional Chief Judge, City Civil Court, Hyderabad.

2. O.P.No.1716 of 2003 was filed by the respondent - Railways under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the award dated 13.03.2003 to the extent of claims 1, 2, 3, 4, 11, 12 and 13 including award of interest and costs passed by the departmental arbitrator.

3. The facts of the case in brief are that the appellant herein is a railway contractor and he entered into an agreement with the respondent - railways for execution of the work for GTL-WD-proposed collection and stacking of 50MM Gauge hard and durable stone ballast of 6000 cubic meters from KM 657/00 - 667/00 between Lingeri and Narayanpet Road stations and dumping the same as per the terms and conditions set out in the contract agreement No.40/North/Guntakal/1999 at a value of Rs.24,78,000/-. The respondent - Railways accepted the same through letter dated 21.01.1998. The time specified for c