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H.K.SEMA, G.P.MATHUR, R.V.RAVEENDRAN
J. C. Budhraja – Appellant
Versus
Chairman, Orissa Mining CorporationLtd. – Respondent
Key Points: - The judgment discusses whether claims were barred by limitation and how acknowledgments in writing extended or did not extend limitation (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) . - It analyzes grounds for setting aside an arbitral award: exceeding jurisdiction, legal misconduct, and lack of reasoned support, with emphasis on separability of valid portions (!) (!) (!) (!) (!) (!) . - It identifies that only the portions of the award related to claims not barred by limitation and existing/pending as of 1978-1980 are severable and keepable, while time-barred portions must be set aside (!) (!) . - It concludes that the arbitrator’s award can be upheld to the extent it covers non-barred, valid claims, and the rest (time-barred or beyond jurisdiction) is void or reducible (!) (!) (!) (!) . - The High Court and Supreme Court ultimately decree a partial restoration of the award, with specific amounts for claims 1–16, 17–34, and 35, and interest provisions from date of award onward (!) (!) (!) (!) .
JUDGMENT:
RAVEENDRAN, J. -- These appeals are filed against the common judgment dated 15.10.1999 passed by the High Court of Orissa in Misc. Appeal No.296/1998 filed by the respondents and Misc. Appeal No.198/1998 and Civil Revision No.109/1998 filed by the appellant.
2. The appellant is stated to be legal heir and successor in interest of N.C. Budhraja (hereinafter referred to as the contractor). M/s. Orissa Mining Corporation Ltd. (for short OMC or respondent) entered into an agreement dated 16.9.1967 (Agreement No.30/F-2) for removal of over-burden at Kaliapani (Cuttack District) by excavation in all kinds of soil (including stoney earth and gravel mixed with boulders), and depositing/disposing of the same, as directed. The maximum lift was 6m including initial lift of one metre. The order to commence work was issued on 23.9.1967. Parties also entered into three supplementary agreements in regard to the said contract No.30/F-2, on 2.8.1969, 7.3.1970 and 10.2.1972. [Note : OMC had also entered into other contracts with the contractor including contract dated 22.2.1968 (Contract No.2/F/2) for raising Chrome Ore by open excavation from the
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