See Full Document Text
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Suits – Arbitration – An amount of Rs. 8,48,000/- towards 50% of decretal
amount to be deposited to the credit of O.S No. 132/1998 on the file of
Hon’ble VII Additional District Judge Court, Visakhapatnam in respect of the
work relating to “Excavation of YLMC from KM 69.00 to KM. 70.725 “
entrusted to M/s M. Prabhakar Rao & Co, Visakhapatnam in terms of the
conditional stay granted by the Hon’ble High Court on 07.02.2011 in ASMP
No. 72 of 2011 in AS.No.788 of 2008 - sanctioned - Orders - Issued.
---------------------------------------------------------------------------------------------------
IRRIGATION & CAD (ARBITRATION)DEPARTMENT
G.O. Ms. No.19 Dt: 04-02-2012
Read the following
1)From the Engineer-in-Chief (Irrigation), G.D.S. Unit , Hyderabad Lr. No.
ENC(I)/DCE(GDS)/OT1/SH(27)/OE/ARB/LOC/2010-11, dt. 30.05.2010
2) From the Engineer-in-Chief (Irrigation), G.D.S. Unit , Hyderabad Lr. No.
ENC(I)/DCE(GDS)/OT1/SH(27)/OE/ARB/LOC/2010-11, dt. 05.08.2011
O R D E R
The Engineer-in-Chief (Irrigation), G.D.S. Unit , Hyderabad in his letter
1st read above has reported that the department has filed appeal in A.S. No.
788/2008 with a prayer to grant stay of all further proceedings in pursuance of
the Judgment and Decree passed in O.S No. 132/1998 dated.31.01.2006 on
the file of the VII Additional District Judge Visakhapatnam including execution
proceedings passed in E.P. No. 1/2007 on the file of the VII Additional District
Judge Visakhapatnam pending A.S. No. 788 of 2008 on the file of the Hon’ble
High Court . The Hon’ble High Court in its interim order in ASMP No. 72/2011
dated.07.02.2011 has granted stay subject to the condition of the petitioner
depositing half of the amount awarded by the Court below within a period of
(8) weeks from today i.e 07.02.2011 and on such deposit, the respondent-
claimant was permitted to withdraw the same, with out furnishing any security.
In case of default, the stay stands vacated and it is open for the respondent
to proceed with the execution, which is stated to have already been filed.
2. In pursuance the above interim conditional stay order , the Engineer- in-
Chief (Irrigation), G.D.S. Unit , Hyderabad has requested to accord sanction
an amount of Rs. 8.48 lakhs towards 50% of decreetal amount to be
deposited to the credit of O.S No. 132/1998 on the file of Hon’ble VII
Additional District Judge Court, Visakhapatnam .
P.T.O.-2-
3. Government after careful examination of the matter, hereby accord
sanction for an amount of Rs. 8,48,000/- ( Eight lakhs Fourty Eight thousand
Only) towards 50% of decretal charges to be deposited to the credit of O.S
No. 132/1998 on the file of Hon’ble VII Additional District Judge Court,
Visakhapatnam in respect of the work relating to “Excavation of YLMC from
KM 69.00 to KM. 70.725 “ entrusted to M/s M. Prabhakar Rao & Co,
Visakhapatnam vide Agreement No. 5/1986-87 dated.16.01.1987.
4. The amount sanctioned in para ( 3 ) above shall be debitable to the
detailed Head of Account under “ 4700-01-GH 11-NSP-116 YRS-SH (27)
C&D-530 Major works/531 OE”.(charged)
5. The Engineer-in-Chief (Irrigation), G.D.S. Unit , Hyderabad shall deposit
the above sanctioned decretal amount in the respective court to the credit of
O.S. No. 132/1998 for avoiding further legal complications in the matter.
6. This order issues with the concurrence of Finance ( W & P) Department
vide their U.O No. 266/F7(A1)/2012-1, dt. 30.1.2012.
( BY ORDER AND IN THE NAME OF THE GOVERNER OF ANDHRA PRADESH)
DR. PRASANTA MAHAPATRA
PRINCIPAL SECRETARY TO GOVERNMENT
To
The Engineer-in-Chief (Irrigation), G.D.S. Unit , Hyderabad
The Accountant General, A.P. Hyderabad.
The Director, Works Accounts, A.P Hyderabad.
The District Treasury Officer, Visakhapatnam
The pay and Accounts Officer, Visakhapatnam
The Superintending Engineer, YRP Circle, Kakinada, East
Godavari District
Copy to : The P.S. to Minister (M & MI)
The P.S to Prl. Secy. to Govt., I&CAD Department.
The Finance (W&P) Department.
The Law Department
The I & CAD (P&B) Department.
S.F/ S.C
//FORWARDED: BY ORDER//
SECTION OFFICER