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GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Suits-Arbitration-Sanction of an amount of Rs. 3,03,639/- as full and final
settlement of Arbitration Award dated. 19.05.1990 in O.P No. 309/1990, on
the file of the Court of the Vth Additional Judge, City Civil Court, Hyderabad
in respect of the work relating to “Construction of B.T.U.T at KM 28-868 of
Saraswathi Canal under Sriramsagar project” entrusted to Sri P.
Ramchandra Rao, Contractor vide L.S. Agreement No. 66/GVC-I/1981-82,
dated 24.02.1982 - Orders - Issued.
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IRRIGATION & CAD (ARBITRATION) DEPARTMENT
G.O. Rt. No.313 Dated.17 03.2012
Read the following
.
1)From Sri P.Ramchandra Rao Contractor, Eluru, representation
dated. 10.09.2009.
2)From The Admn.-cum-Chief Engineer,SRSP,Hyd Lr.No.ACE/SRSP/
Hyd/DEE-2/AE-3/15592/88/2010-4,dated:19.8.2010.
3) From the ENC,(IW)I&CAD Deptt. Hyd, Lr. No.ENC/IW/P&M/
EE.I/ DEE.8/ 300108/08, Dated. 15.04.2011.
.
ORDER,
The Administrator-cum-Chief Engineer, Sri Ram Sagar Project,
Hyderabad in his letter 2nd read above, has reported that the work relating to
“Construction of B.T.U.T at KM 28-868 of Saraswathi Canal under
Sriramsagar project” was entrusted to Sri P. Ramchandra Rao contractor
vide L.S. Agreement No. 66/GVC-I/1981-82, dated 24.02.1982. Certain
disputes arose between the parties and the matter was referred to sole
Arbitrator. The sole Arbitrator in his award dated.19.05.1990 held that the
claimant is entitled for an amount of Rs. 3,89,676 with 18% interest from the
date of award. The Contractor has filed OP.No.309/90 on the file of the Court
of the Vth Addl. Judge, City Civil Court, Hyderabad to make the Award rule
of the Court. The Department have also filed O.S.No.346/90 before the Vth
Additional Judge City Civil Court, Hyderabad to set aside the Award passed
by the Sole Arbitrator.
2. The Vth Additional Judge, City Civil Court, Hyderabad in his the
judgment in O.P.No.309/90, dated. 18.08.1995 made the award rule of Court
and the O.S.No.346/90 filed by the department was dismissed. The
Department have filed CMA Nos. 839/1999 and No.916/1999 before Hon’ble
High Court of Andhra Pradesh, Hyderabad against OP No. 309/1990 and
346/1990 respectively with a prayer to stay the operation of the above
judgment/decree of the Vth Addl. Judge, City Civil Court, Hyderabad. The
Hon’ble High Court of Andhra Pradesh, Hyderabad in its order dt. 21.06.1999
P.T.O-2-
in CMP No.7989/1999 in CMA No.916/99, has granted interim stay with a
condition to deposit half of the decretal amount within (10) weeks. In
pursuance of these interim conditional stay, the Government have sanctioned
an amount of Rs.3,88,816/- vide G.O.Ms.No.152, dt.13.12.1999 and
Rs.1,25,851/- vide G.O.Ms.No.151, dt.24.12.2002 totaling to an amount of
Rs.5,14,667/- towards depositing half of the decretal amount to the credit of
OP No. 309/1990 on the file of the court of the Vth Addl. Judge, City Civil
Court, Hyderabad and the same was deposited in the above said court.
3. Meanwhile, the Contractor has filed E.P.No.10/2000 for payment of
Rs.10,29,334/- in O.P.No.309/1990, on the file of the court of the Vth
Additional. Judge, City Civil Court, Hyderabad. The CMA No 839 and 916 of
1999 came up for hearing before the Hon’ble High Court of Andhra Pradesh,
Hyderabad, and the Hon’ble High court in its common Judgment
dt.22.06.2009 has directed the Respondents - claimants to approach the Prl.
Secretary of the Dept concerned by filing appropriate comprehensive
representation on behalf of the claimants. On filing of which, the said authority
shall here both the sides, after giving notice and opportunity, and make an
effort to conciliate and settle the claim. The respondents - claimants shall file
the said representation within a period of (3) weeks from today i.e.22.06.2009
and the principal Secretary of the said authority shall conciliate the meeting
and try to settle the matter within a period of three months thereafter. The
parties are at liberty to approach this Court either by way of filing final
settlement, which would be arrived at between the parties or the failure report,
on the basis of which necessary orders will be passed in terms of settlement
or dispose of the matter on merits, if it warrants.
4. In pursuance of the above directions of Hon’ble High Court of Andhra
Pradesh, Hyderabad the matter has been discussed in the concerned
conciliation committee with the above contractor. During the final conciliation
with Sri P. Ramchandra Rao contractor, he has agreed for an amount of Rs.
3,03,639/- as full and final settlement of all his claims inclusive of Principle
and interest in all as lumpsum .The contractor has submitted a declaration on
a affidavit stating that he shall withdraw all legal proceedings in respect of the
above subject work against the Government of Andhra Pradesh or its
representative officer, if the above amount is paid in token settlement of the
Arbitration claims pending in the Court.
5. The Government after careful examination of the above proposal,
hereby accord sanction for an amount of Rs. 3,03,639/-(Rupees Three lakhs
Three thousand and Six hundred thirty nine only) as full and final settlement
of the Arbitration award dt. 19.05.1990 in O.P No. 309/1990, on the file of the
court of the Vth Addl. Judge, City Civil Court, Hyderabad in respect of the
work relating to “Construction of B.T.U.T at KM 28-868 of Saraswathi Canal
under Sriramsagar project” which was entrusted to Sri P. Ramchandra Rao,
contractor vide L. S. Agreement No. 66/GVC-I/1981-82, dated 24.02.1982
Contd…..3-3-
subject to condition, that the above contractor shall withdraw all legal
proceedings in respect of the above subject work against the Government. of
Andhra Pradesh., or its representative officer after realization of the above
sanctioned amount.
6. The expenditure sanctioned in para ( 5 ) above shall be debitable to the
detailed Head of Account under “ MH-4700-COL on Major & Medium irrigation
; MH-01-Major Irrigation (commercial); 101-Sriram Sagar project; GH-11-
Normal State Plan; SH-27-Canals and Distributaries; 530-Major works; 531-
Other expenditure”.
7. The Engineer - in-Chief,(IW) I & CAD Department, Hyderabad/ the
Administrator-cum-Chief Engineer, SRSP, Hyderabad shall deposit the above
sanctioned decretal amount to the credit of O.P No. 309/1990 on the file of
the court of the Vth Addl. Judge City Civil Court, Hyderabad.
8 The Administrator-cum-Chief Engineer, SRSP Hyderabad / the
Superintending Engineer GVC No1 SRSP, Nizamabad are directed to obtain
a declaration on Non Judicial stamp paper from the above contractor
accepting the above sanctioned amount as full and final settlement inclusive
of principle and interest in all as lumpsum before making the payment.
9. This order issues with the concurrence of Finance (W&P) Department
vide their U.O No. 353/F4(2)/12-1 dated. 3.02.2012.
( BY ORDER AND IN THE NAME OF THE GOVERNER OF ANDHRA PRADESH)
DR. PRASANTA MAHAPATRA
PRINCIPAL SECRETARY TO GOVERNMENT
To
The Engineer-in-Chief,(IW) I & CAD Dept., Hyderabad.
The Administrator-cum-Chief Engineer, SRSP, Hyderabad
The Superintending Engineer GVC No1 SRSP, Nizamabad
Sri P. Ramchandra Rao C/o C. Vijaya Kumar
Plot No. 267 BHEL HIG Colony
Phase-1, Ramchandrapuram, Hyderabad, pin 502032
The Accountant General, A.P. Hyderabad.
The Director of Works & Accounts, A.P Hyderabad.
The District Treasury Officer, Nizamabad / Adilabad
The Pay and Accounts Officer, Nizamabad / Nirmal
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 (B)Department
The I & CAD (P&B) Department.
S.F/ S.C
// Forwarded: By Order //
Section Officer