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2016 Supreme(SC) 579

DIPAK MISRA, ROHINTON FALI NARIMAN
Commissioner, M. P. Housing Board – Appellant
Versus
Mohanlal and Company – Respondent


JUDGMENT

Dipak Misra, J.

Leave granted.

2. The present appeal, by special leave, is directed against the order dated 12th August, 2013, passed by the High Court of Madhya Pradesh, Principal Seat at Jabalpur, in Civil Revision No.332 of 2012, whereby the High Court has affirmed the view expressed by the learned Additional District Judge, Bhopal, that the objection preferred by the respondent under Section 34(2) of the Arbitration & Conciliation Act, 1996 (for short, 'the 1996 Act') was condonable in aid of Section 14 of the Limitation Act, 1963 (for brevity, 'the Act').

3. The present litigation has a history. The respondent had entered into a contract for construction of a commercial complex at Bittan Market, E-5, Arera Colony, Bhopal on 29th June, 2009. During the subsistence of the contract, certain disputes arose between the parties and the matter was arbitrated upon. Clause 29 of the contract, on the basis of which the matter was referred to arbitration, reads as follows:

“29 – Except as otherwise provided in this contract all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions, herein before mentioned and as to thing whatsoe




































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