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1977 Supreme(SC) 38

A.C.GUPTA, V.R.KRISHNA IYER
Heavy Engineering Corporation LTD. , Ranchi – Appellant
Versus
K. Singh And Company, Ranchi – Respondent


Judgment

KRISHNA IYER, J. - The appellant, a public sector institution, has come up in appeal by special leave granted under Art. 136 complaining against the decision of the High Court that the objection to the award made by the appellant was beyond time.

2. An engineering contract contained a clause whereby any disputes that might arise in respect of the matters under the contract were to be settled by arbitration. Such a dispute arose between the two parties in this case and the nominee of the appellant, a Deputy Chief Engineer and a nominee of the respondent, a Chartered Engineer gave an award. Certain other facts which need not be stated for the purpose of this case follow. However, after taking adjournments for filing objections the appellant did file objections to the award but beyond the period of thirty days prescribed by the law. The short question which was urged before us by Shri Prasad on behalf of the appellant was that S. 5 of the Limitation Act operated in his favour and that the period of 30 days could therefore be extended, the view that it was an inelastically rigid period being wrong.

3. We have heard counsel on both sides but we are satisfied that although leave ha



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