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1986 Supreme(Ker) 341

T.KOCHU THOMMEN, BALAKRISHNAN
UNION OF INDIA – Appellant
Versus
GOPALAN – Respondent


Judgment :-

1. The respondent Railway contractor entered into an agreement with the appellants herein for the construction of quarters at Olavakkode in Putuppariyaram Amsom. The work was to be completed on 14-9-1973. In spite of several extensions given to the respondent, he could not complete the work and ultimately the appellants rescinded the contract with effect from 31-12-1977. The respondent made several correspondence with the appellants Railway for cancellation of the rescission of the contract and also to permit him to complete the remaining work. This prayer was rejected by the General Manager and thereafter the respondent filed a suit under S.20 of the Arbitration Act for appointment of an Arbitrator. The suit was resisted by the appellants on the ground that the suit was barred by limitation. The court below rejected that contention and held that the petition under S.20 of the Act is within time. The appellants challenge the finding.

2. The short question that arises for consideration is whether the respondent's suit under S.20 of the Arbitration Act is barred by time. The provisions of the Limitation Act are made applicable to Arbitration proceedings by virtue of S.37 (









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