M/S. Ncc Ltd.,(Formerly Known As Nagarjuna Construction v. Eastern Power Distribution Company Of A.P. Ltd.,

HON'BLE SRI JUSTICE R.SUBHASH REDDY AND HON'BLE SRI JUSTICE A.SHANKAR NARAYANA CIVIL REVISION PETITION Nos.3988, 4062, 4145 & 4202 of 2015 COMMON ORDER : (Per Hon'ble Sri Justice R.Subhash Reddy) In view of the similar relief sought for in these revisions on same set of facts, these revisions are being disposed of by this common order.

In these revisions, the petitioner seeks direction for disposal of Arbitration O.Ps.No.884, 886, 887 & 888 of 2008 respectively pending on the file of III Additional Chief Judge, City Civil Court, Hyderabad.

For the sake of convenience, we refer to the facts as stated in CRP.No.3988 of 2015.

The petitioner, a construction company, entered into an agreement with the 1st respondent-Eastern Power Distribution Company of Andhra Pradesh, during the year 2003-04 for conversion of existing low voltage network into high voltage distribution system by utilizing existing supports and by erecting lower capacity distribution transformers in Operation Circle, Rajahmundry. As disputes arose between them, the matter was referred to Arbitrator under the provisions of Arbitration and Conciliation Act, 1996. The Arbitrator has passed award in Arbitration Case No.1 of 2006 on 15.10.2007,

ordering the petitioner to recover an amount of Rs.21,40,567/- together with interest at 12% per annum from 10.10.2005 till date of payment and also to recover Rs.99,838/- as and when it pays the balance service tax to the Customs and Central Excise Department and furnishes proof of payment of the same.

So far as C.R.P.No.4062 of 2015 is concerned, Arbitrator has passed award in Arbitration Case No.2 of 2006, ordering the petitioner to recover Rs.14,97,689/- together with interest at 12% per annum from 28.12.2005 till date of payment and also to recover Rs.1,79,639/- as and when it pays the balance service tax to the Customs and Central Excise Department and furnishes proof of payment of the same. Likewise, pertaining to C.R.P.No.4145 of 2015, award was passed in Arbitration Case No.5 of 2006, ordering the petitioner to recover an amount of Rs.10,50,816/- together with interest at 12% per annum from 10.10.2005 on Rs.10,39,842/- till date of payment and also to recover interest at 12% p.a. on Rs.10,974/- from 13.10.2006 till payment and further to recover Rs.

3,44,369/- as and when it pays the balance service tax to the Customs and Central Excise Department and furnishes proof of payment of the same. Similarly, with regard to C.R.P.No.4202 of 2015 is concerned, award was passed in Arbitration Case No.3 of 2006, ordering the petitioner to recover Rs.24,35,983/- together with interest at 12% p.a. from 28.12.2005 on Rs.

recover interest at 12% p.a. on Rs.71,694/- from 13.10.2006 till payment and further to recover Rs.2,60,203/- as and when it pays the balance service tax to the Customs and Central Excise Department and furnishes proof of payment of the same.

Questioning the said awards, the 1st respondent Company carried the matters before the Civil Court and the same were numbered as Arbitration O.P.Nos.884, 886, 887 & 888 of 2008 respectively.

In these revisions, it is the grievance of the petitioner that though the Arbitration O.Ps are of 2008, they are not being disposed of till date. It is submitted that matters were heard and reserved on earlier occasion, but thereafter as the Presiding Officer was transferred, they are kept pending. It is brought to our notice that now new Presiding Officer has taken charge of the Court of III Additional Chief Judge, City Civil Court, Hyderabad. As the O.Ps are of 2008, we are of the view that there is no reason to keep them pending for this long. In that view of the matter, we deem it appropriate to dispose of these revisions directing the learned III Additional Chief Judge, City Civil Court, Hyderabad to dispose of Arbitration O.P.Nos.884, 886, 887 & 888 of 2008 as expeditiously as possible, preferably within a period of three months from today.

Accordingly, these Civil Revision Petitions are disposed of As a sequel, pending miscellaneous petitions, if any, shall stand closed. No order as to costs.

____________________________ JUSTICE R. SUBHASH REDDY ________________________________ JUSTICE A.SHANKAR NARAYANA 29.10.2015 v v