HONOURABLE SRI JUSTICE A. GOPAL REDDY AND HONOURABLE SRI JUSTICE G.V. SEETHAPATHY CIVIL MISCELLANEOUS APPEAL No. 541 OF 2003. DATED 11TH MARCH, 2010. BETWEEN: M/s.Geotech Construction, Chochin, Rep. By its ManagingPartner Sri C.J. George …..Appellant and M/s. Dredging Corporation of India Ltd., New Delhi,& Visakhapatnam rep. By its Managing Director …Respondent. HONOURABLE SRI JUSTICE A. GOPAL REDDY AND HONOURABLE SRI JUSTICE G.V. SEETHAPATHY CIVIL MISCELLANEOUS APPEAL No. 541 OF 2003. JUDGMENT: (Per Hon’ble Sri Justice A. Gopal Reddy) This Civil Miscellaneous Appeal under Section 39 of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) is directed against the order dated 31.10.2002 passed in OP.No.56 of 1996 by the learned I Additional Senior Civil Judge, Visakhapatnam. For resolving the disputes arose between the parties pursuant to the letter of intent dated 3-2-1992, the matter was referred to joint arbitrators, who passed an award on 14.8.1996. Questioning the said Award, the respondent herein ﬁled OP.No. 56 of 1996 under Section 30 of the Arbitration Act, 1940 to set aside the same; whereas the appellant herein ﬁled OP.No. 43 of 1996 under Section 17 of the Arbitration Act, 1940 to pass a decree making the award Rule of Court and further grant interest at 18% per annum on all the amounts due under the Award from the date of decree. The learned ﬁrst Additional Senior Civil Judge, Visakhpatnam, after considering the claims and counter claims, and, material brought on record, passed common order dated 31.10.2002, setting aside the claims I, II (iii & iv), III (I to iv) of the Award and made the award rule of Court in respect of claim Nos. IV, V, VI and VII by allowing OP.No. 43 of 1996 and further granted interest at 6% per annum from the date of decree till realization. The appellant herein ﬁled CMA.No. 541 of 2003 aggrieved by the common order dated 31.10.2002 in OP.No. 56 of 1996, in partly allowing the petition in respect of certain claims and, also CMA.No. 2559 of 2003 aggrieved by the common order dated 31.10.2002 in OP.No. 43 of 1996, in rejecting certain claims which were allowed by the arbitrators in the Award dated 12.8.1996. It is brought to our notice that a Division of this Court allowed C.M.A.No. 2559 of 2003 ﬁled by the appellant herein by judgment dated 26.2.2010 setting aside the order of the Court below, and, modifying and enhancing the interest awarded by the Court below in OP.No. 43 of 1996 to 9% per annum and further making the rest of the Award of the Arbitrators rule of Court. In view of the above, nothing survives in the present appeal for adjudication. The Civil Miscellaneous Appeal is therefore disposed of in terms of the judgment dated 26.6.2010 in C.M.A.No. 2559 of 2003. No costs. ----------------------------------------- JUSTICE A. GOPAL REDDY -------------------------------------------- JUSTICE G.V. SEETHAPATHY DATED 11T H MARCH, 2010. Msnr.