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2023 Supreme(Pat) 201

KHATIM REZA
State of Bihar – Appellant
Versus
Rambriksha Singh – Respondent


Advocates:
For the Petitioners: M/s Dinesh Maharaj (in 9, 5, 20, 21), R.B. Prasad Yadav, AAG11 (in 9); Rakesh Kumar Chandram (in 181); Mr. Ravi Bhardwaj (in 203); M/s Sanjay Kumar, AC to AAG-4 (in 9, 194, 208, 225, 258), Rajendra Narayan, Sr. Adv., Amit Prakash (in 208); Amit Prakash (in 225, 258), Manish Sahay (in 225).
For the Opp. Partyies : M/s Ashok Kumar Duby, Ramashray Roy, AC to AAG No. 11(9, 20, 21), Rajendra Narayan, Sr. Adv., Raj Kishore Prasad (in 9, 5); M/s Rajendra Narayan, Sr. Adv., Raj Kishore Prasad (in 181); M/s Sanjay Kumar, AC to GA 13(203, 208, 225, 258 ), L.B. Singh(in 203, 20, 21); Anil Kumar Singha(in 225); Manish Sahay, Anil Kumar Sinha (in 194, 258); Manish Sahay(in 194); M/s Ram Nath Singh Yadav, Suraj Narain Yadav(in 9).
For the Opp. Party No. 2 : M/s Sanjay Singh, Thakur (in 258).

ORDER

Heard learned counsel for the petitioners and learned counsel for the opposite parties.

2. All these revision applications have been filed against the different Awards, passed by the Bihar Public Works Contract Disputes Arbitration Tribunal in different Reference Cases, alongwith the interlocutory applications for condonation of dealy.

3. At the time of consideration of the limitation petition the opposite party raised preliminary objection with regard to Section 5 of the Limitation Act, 1963. Learned counsel for the opposite party submits that the application of Section 5 of the Limitation Act, 1963 to a proceedings under Section 13 of Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008 (the Act of 2008) has been excluded by necessary implication, by virtue of language employed in Section 17 of the said Act.

4. This Court has considered Section 17 of the Act of the 2008, which reads as follows: –

“In computing the period of limitation laid down in sub-section (1) of Section 8, and sub-section (2) of Section 11 and sub-section (1) of Section 12, the provisions of Sections 4 and 12 of the Limitation Act, 1963, shall, so far as may be, apply.”

5. Mr. Rajendra Naraya

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