VIVEK RUSIA, BINOD KUMAR DWIVEDI
JMC Taher Ali Joint Venture Through Kanhiya Lal Suthar – Appellant
Versus
Indore Municipal Corporation – Respondent
ORDER :
Vivek Rusia, J.
This Arbitration Revision is filed under Section 19 of the M.P. Madhyastham Adhikaran Adhiniyam, 1983 by the petitioner being aggrieved by the final order dated 31.01.2017 whereby the Reference Case No. 35/2014 has been dismissed by the M.P. Arbitration Tribunal, Bhopal on the ground of limitation.
Facts of the case in brief:
2. The respondent-Indore Municipal Corporation issued a Notice Inviting Tender (NIT) for the work of “Supplying, Laying, Jointing, Testing and Commissioning of Raw Water Pumping Main and all allied work, Lot No. 2 – Raw Water Pumping Main from Intake Well to DWTP (Contract Package – IMC1 1Lot 2) {hereinafter referred to as the 'works contract'}. The petitioner participated in the tender process and on 26.06.2007, the petitioner's bid was accepted being the lowest bidder. On 31.07.2007, an agreement was executed between the petitioner and respondent. Petitioner was given 18 months to complete the work starting from 31.07.2007 with the total cost of work Rs. 48,09,00,981.90/-. According to the petitioner, the work was completed on 25.05.2010 beyond the stipulated completion period of 18 months. Thereafter, a dispute arose between the parties
Rajawat & Co. vs. State of Madhya Pradesh reported in 2005 (4) MPLJ 16
Manoharlal Arora vs. State of Madhya Pradesh reported in 2006 (1) MPJR 304
Sanjay Dubey vs. State of M.P. & Anr. reported in 2012 (4) MPLJ 212
The limitation period for arbitration references under the M.P. Madhyastham Adhikaran Adhiniyam commences from the communication of the Dispute Board's decision, and the petitioner filed within this ....
Compliance with dispute resolution timelines in contracts is mandatory, and failure to adhere renders arbitration petitions non-maintainable under specified legal frameworks.
The main legal point established in the judgment is the importance of adhering to the terms of the contract, including the dispute resolution mechanism, and the court's limited revisional powers in i....
Claims withdrawn do not reset the limitation period; the original cause of action's date governs the timeliness of arbitration requests.
(1) Arbitration – When there is no arbitration clause in agreement between parties, provisions of 1996 Act will have no application.(2) Scope for interference with award of Arbitration Tribunal in re....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.