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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Maa Bhagwati Construction – Appellant
Versus
State Of Chhattisgarh Through - Principal Secretary, Public Works Department – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2) |
| 2. arguments regarding the rejection of the claim. (Para 3 , 4 , 5 , 6) |
| 3. court's examination of the tribunal's jurisdiction and limitation. (Para 7 , 8 , 10 , 13 , 14) |
| 4. legal interpretation of clause 28 and limitation periods. (Para 9 , 11 , 12 , 15 , 16) |
| 5. the decision to set aside the tribunal's award. (Para 17) |
JUDGMENT :
Amitendra Kishore Prasad, J.
1. Being aggrieved by the award/order dated 14.02.2025 (Annexure P/1) passed by the Division Bench of the Chhattisgarh Madhyastham Adhikaran, Raipur (hereinafter referred to as “the Learned Tribunal” for the sake of brevity) in Reference Case No. 02/2023, titled Maa Bhagwati Construction v. State of Chhattisgarh & Others, whereby the Reference Petition filed by the petitioner has been dismissed as not maintainable, the petitioner is constrained to prefer the present Civil Revision Petition under Section 19 of the Chhattisgarh Madhyastham Adhikaran Adhiniyam, 1983.
2. Facts of the case, as projected by the applicant, in a nutshell, are that the applicant is an A-Class Contractor and is duly eligible to participate in various tenders issued by the Public Works Department of
Parties must exhaust contractual dispute resolution mechanisms, but such compliance cannot obstruct access to justice, especially when limitation periods are extended due to exceptional circumstances....
A procedural failure of the Superintending Engineer does not negate a petitioner's entitlement to appeal, provided the requisite timelines for reference and appeals are respected.
Compliance with dispute resolution timelines in contracts is mandatory, and failure to adhere renders arbitration petitions non-maintainable under specified legal frameworks.
The main legal point established in the judgment is the correct interpretation and application of contractual provisions in arbitration disputes.
The limitation period for arbitration references under the M.P. Madhyastham Adhikaran Adhiniyam commences from the communication of the Dispute Board's decision, and the petitioner filed within this ....
A clause restricting arbitration claims to 28 days is void under Section 28(b) of the Indian Contract Act, but the arbitral tribunal exceeded its jurisdiction by deciding disputes not referred to it.
As per Section 30 of Act, award is liable to be set aside only on ground of misconduct of Arbitrator. In this case, findings of Arbitrator are supported by cogent and plausible reasons which can in n....
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