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2005 Supreme(MP) 93

U.C.MAHESHWARI, DIPAK MISRA
Sermen (India) Road Makers Pvt. Ltd. – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
S.K.Yadav, V.R.Rao,

Judgment

( 1. ) IN this batch of civil revisions as singular question has emerged for

consideration, it was thought seemly to hear the cases analogously and accordingly, they were heard together and are disposed of by this common order.

( 2. ) THE spinal issue that has spiraled to this Court is whether a contractor can approach the Final Authority under the contract at any point of time, or should there be an acceptable fixed normative procedure so that the conception of ad infinitum does not get a liberal entry to the arena of adjudication. In the cases at hand, the M. P. Arbitration Tribunal (in short, the Tribunal) has expressed the view that Article 113 of the Limitation Act, 1963 would be applicable from the date of accrual of cause of action, i. e. , completion of work in question and, therefore, Section 7-B of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 (for brevity, the Act) would not save the lis and has to be thrown over board. To put it differently, whether a contractor would be at liberty to approach the Final Authority under the agreement at his pleasure or would he be constricted and restricted by certain acceptable, reasonable and permissible duration. Be i

































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