CH RAMALINGA REDDY Vs. SUPRETENDING ENGINEER

JUDGEMENT

(1.) These are appeals by special leave against the judgment and order of the High Court of Andhra Pradesh whereby the High Court set aside the arbitration award in respect of Claims 2, 3, 7, 8 and 12 and modified the award in respect of Claims 5, 6, 13 and 14. The claims were made by the appellant, a contractor, against the respondents, officers of the state Government, in respect of an excavation contract for 11.711 km to 13.287 km of Darsi Branch Canal for an amount of Rs 50,89,342.

(2.) Two issues were raised before the High Court, and they are raised before this Court, namely, (i) whether the petition filed by the respondents to set aside the award under Sections 30 and 33 of the Arbitration Act was barred by time, and (ii) whether the award was vitiated in regard to certain claims.

(3.) The award was made on 29-7-1985. It was sent by the arbitrator to the court on 31-7-1985 and was received by the Court at 12 noon on 5-8-1985. It is the case of the appellant that his advocate informed the Additional government Pleader in writing of the receipt of the award on 5-8-1985. On 7-8-1985, the Court issued notice of the award and it was received by the respondents on 10-8-1985. The petition to challenge the award was filed by the respondents on 6-9-1985.