IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE 28th DAY OF SEPTEMBER, TWO THOUSAND AND ELEVEN PRESENT HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE K.S.APPA RAO CIVIL MISCELLANEOUS APPEAL Nos.1053, 1055, 1056, 1057 and 1059 of 2011 Between: Bharat Sanchar Nigam Limited, rep. By its General Manager … Petitioner And G.Rameshwar Rao and another … Respondents This Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE K.S.APPA RAO CIVIL MISCELLANEOUS APPEAL Nos.1053, 1055, 1056, 1057 and 1059 of 2011 COMMON ORDER:- (Per Hon’ble Sri Justice A.GOPAL REDDY) These appeals are filed under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, “the Act”) by Bharat Sanchar Nigam Limited (hereinafter referred to as “the employer”) against the orders of the Principal District Judge, Nalgonda, dated 23.06.2011, in dismissing O.P.Nos.227 of 2007, 961 of 2006, 226, 225 of 2007, and 960 of 2006 respectively, filed under Section 34 of the Act, for setting aside the Arbitral Award, dated 25.09.2006, 19.09.2006, 25.09.2006, 25.09.2006 and 24.08.2006 respectively, passed by the 2nd respondent-arbitrator. It is not in dispute that aggrieved by the award passed by the arbitrator disallowing certain claims, the 1st respondent/claimant filed Cross Arb. O.P.Nos.400, 224, 399 and 411 of 2007 and 962 of 2006 respectively. The learned District Judge heard all the O.Ps together and reserved the O.Ps for orders. Thereafter, the learned Judge dismissed the petitions filed by the employer and reopened the other O.Ps filed by the contractor, which arise out of the very same award, and they are now posted for hearing. When a case and a counter case are filed by the employer as well as the contractor, touching on the very same subject matter, which culminated into passing the award by dismissing the O.Ps filed by the employer and upholding a part of the award and the remaining part is under consideration in the O.Ps filed by the Contractor, such disposal of the O.Ps are not in accordance with the rules and procedure established. Therefore, both the counsel have fairly conceded that the present O.Ps have to be decided along with the O.Ps filed by the contractor, which are pending before the Principal District Judge. Therefore, we are of the view that it is not necessary for us to go into the merits of the controversy and pass orders. Suffice it to say that the procedure established has not been followed by the Principal District Judge, Nalgonda in dismissing the O.Ps filed by the employer. The same are accordingly set aside remitting the O.Ps to the Principal District Judge to decide them along with the batch of O.Ps. filed by the contractor as referred above after giving opportunity to both the parties, within a period of three months from the date of receipt of a copy of this order. The Civil Miscellaneous Appeals are, accordingly, disposed of. There shall be no order as to costs. _____________________ A. GOPAL REDDY, J ___________________ K.S.APPA RAO, J 28.09.2011 lmv HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE K.S.APPA RAO CIVIL MISCELLANEOUS APPEAL Nos.1053, 1055, 1056, 1057 and 1059 of 2011 28.09.2011 lmv