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2008 Supreme(MP) 221

ARUN MISHRA, S.A.NAQVI
Aggyaram and Co. – Appellant
Versus
Madhya Pradesh Public Works Deptt. – Respondent


Advocates Appeared:
R.D.Hundikar, SUDESH VERMA,

Judgment

( 1. ) THE petitioner assails the order dated 5-4-2000 passed by the M. P. Arbitration Tribunal, Bhopal in reference Case No. 44/99 dismissing the application as barred by limitation.

( 2. ) THE petitioner/contractor was given a work for construction of Government Higher Secondary School building at Shamshabad. The date of completion of the work was 17-2-89, though the petitioner was allowed to complete the work by 11-5-90 by letter dated 30-4-90 of the Superintending Engineer. The contract was terminated on 23-3-90. The remaining work was given to other agency. Notices were served on 22-1-93 and on 16-6-94.

( 3. ) THE petitioner referred the quantified claims to the superintending Engineer on 25-7-94 and he rejected the reference on 15-1-99. The petitioner preferred the reference case before the Arbitration Tribunal on 15-3-99 and during the pendency of the reference case, the petitioner preferred an appeal before the Chief-Engineer on 14-6-99. No decision was taken by the Chief Engineer on the appeal. The Arbitration Tribunal has held that limitation came to end on 7-2-96, the reference was preferred before the Tribunal on 15-3-99. There was delay of more than three years.























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