Andhra Pradesh Court September 1977 Judgments

The State of Andhra Pradesh and ors. Vs. the Pioneer Construction Co.

Court: Andhra Pradesh

Reported in: AIR1978AP281

A. Gangadhara Rao, J. 1. The Pioneer Construction Company, the respondent, entered into an agreement on 5-6-1970 with the Superintending Engineer, Nagarjunasagar Canals Circle, Jaggayyapet, for excavation of the balance of the earth work of Munagala deep cut from mile 72/4 to 74/4 of Nagarjunasagar Left Main Canal. Since he did not complete the work in spite of repeated extensions of time, the contract was finally terminated with effect from 30-7-72 under clause 61 of P.S. to A.P.D.S.S. The respondent also requested the department to terminate the contract in his letter dated 18-7-1972. At the instance of the respondent, the matter was referred to the Arbitrator under clause 73 of P.S to A. P. D. S. S. The Arbitrator gave his award on 30-4-1974. It is partly in favour of the respondent. The respondent filed O. S. No. 122 of 1974 in the Court of the Subordinate Judge, Vijayawada under S. 14 (2) of the Arbitration Act for directing the Arbitrator , the 4th respondent , to file the award ...