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2005 Supreme(MP) 1056

K.K.LAHOTI, S.S.DWIVEDI
JAGJEET SINGH – Appellant
Versus
BHOPAL VIKAS pradhikaran – Respondent


Advocates Appeared:
ASHOK LALVANI, SHEKHAR SHARMA

( 1 ) THIS revision is directed against award dated 30-7-1999 by M. P. Arbitration Tribunal, Bhopal in reference No. 50/1994 by which the reference application filed by the petitioner under Section 7 of M. P. Madhyastham Adhikaran Adhiniyam, 1983 (hereinafter referred to as 'adhiniyam' for short) has been dismissed on the ground of limitation. The Tribunal found that the application was barred by limitation as provided under Section 7-B of the Adhiniyam and dismissed it.

( 2 ) THIS order has been assailed by the petitioner on following grounds :- (i) That the Tribunal erred in considering the question of limitation while the said question was considered and decided by the tribunal by order dated 28-10-1994 by which the Tribunal held that the application is not barred by limitation and rejected the objection of respondents. Once the question was heard and decided it ought not to have been reconsidered by the Tribunal. (ii) That the order dated 28-10-1994 was having res judicata between the parties as the matter agitated by the respondents was decided on merits by the Tribunal. Thus the principle of res judicata applies and the same question ought not to have been permitted to be rai













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