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2012 Supreme(MP) 517

T.K.KAUSHAL, ALOK ARADHE, SUSHIL HARKAULI, VIMLA JAIN, M.A.SIDDIQUI
Sanjay Dubey – Appellant
Versus
State of M. P. – Respondent


Advocates:
K.B. Bhatnagar for appellant;
Kumaresh Pathak, Deputy Advocate General for respondents.

ORDER

Aradhe, J. -- 1. In this batch of civil revisions the orders passed by the Madhya Pradesh Arbitration Tribunal, Bhopal (hereinafter referred to as the ‘Tribunal’) have been challenged by which the Tribunal has dismissed the reference petitions on the ground that petitions have been presented beyond the period of three years from the date of accrual of cause of action, which is barred by limitation as provided under Article 113 of the Indian Limitation Act, 1963. A Division Bench of this Court vide order 3.8.2007 passed in C.R. No.1343/2003 expressed the doubt with regard to correctness of the view taken by another Division Bench in the case of M/s. Sermen (India) Road Makers Pvt. Ltd. v. State of M.P. and others [2005(3) MPHT 292 (DB)]. The Division Bench thereafter referred five questions for consideration before the Full Bench. The Full Bench vide order dated 27.10.2009 while answering the aforesaid questions, doubted the correctness of the view taken by another Full Bench in the case of State of M.P. and another v. Kamal Kishore Sharma [2006(1) JLJ 322=2006(1) MPHT 565 (DB)], and was of the opinion that decision in Kamal Kishore Sharma (supra), requires consideration by the









































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