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2012 Supreme(Kar) 639

H.G.RAMESH
T. Younis – Appellant
Versus
National Highways Authority of India, Project Implementation Unit – Respondent


Advocates Appeared:
For the Petitioner:Prashant Hosamani for S.S. Patil, Advocates.
For the Respondents:R1, H.R. Bentur, Sachin S. Magadum, Mahesh Wodeyar, Advocates, R2, Notice, R-3 Dispensed with.

Judgment :

H.G. Ramesh, J.

These writ petitions are directed against the order dated 17.05.2012 (Annexure-C) passed by respondent no.2 - Arbitrator holding that the application filed by respondent no.1-National Highways Authority of India under Section 3G(5) of the National Highways Act, 1956 ('the Highways Act') is not barred by limitation.

2. I have heard the learned counsel for the parties and perused the impugned order at Annexure-C.

3. Sub-section (6) of Section 3G of the Highways Act states that subject to the provisions of the Highways Act, the provisions of the Arbitration and Conciliation Act, 1996 ('the Arbitration Act') shall apply to every arbitration under the Highways Act. Section 43 of the Arbitration Act states that the Limitation Act, 1963 ('the Limitation Act') shall apply to arbitrations as it applies to proceedings in Court. In effect, the Limitation Act will apply to a proceeding under Section 3G(5) of the Highways Act. In my opinion, as no specific period of limitation is provided for filing an application under Section 3G(5) of the Highways Act, Article 137 of the Limitation Act applies and accordingly the application will have to be filed within three years from


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