UNION OF INDIA Vs. K. NIRANJAN RAO

JUDGEMENT

(1.) Being aggrieved by the Judgment and Decree of I Additional Chief Judge, City Civil Court, Secunderabad, dtd. 15/3/2018 in Arbitration O.P.No.101 of 2010 by which their request for setting aside the Award dtd. 9/8/2007 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 sounds, bumps etc., A Transport system consisting stanchion rakes and chute system was required for completing the above task. Therefore, the Railways called for tenders for developing such transport system. The respondent No.1 in the appeal participated in the tender and the same was accepted, an agreement was entered into between appellant and respondent No.1 herein on 5/2/1990 and that respondent No.1 has completed the said work.