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SANJEEV SACHDEVA, VINAY SARAF
Kamadgiri Construction (M/s. ) – Appellant
Versus
State of M. P. – Respondent
ORDER
Per: Justice Sanjeev Sachdeva
1. Since the controversy involved in these petitions are identical, they are being heard and decided by this common order. For the sake of convenience, the facts and grounds stated in Misc. Petition No.7073 of 2024 are taken into consideration.
2. Petitioner impugns order dated 12.8.2024, whereby the Reference Petition filed by the petitioner under section 7 of Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983, has been dismissed solely on the ground of limitation.
3. Petitioner was awarded a works contract on 4.9.2012. Certain disputes arose in reference to the works contact and the contract was terminated on 27.11.2014. The contract contains a clause for dispute redressal in clause 24, which reads as under:
"24. Dispute Redressal System : If any dispute or| difference of any kind whatsoever shall arises in connection with or arising out of this Contract or the execution of Works or maintenance of the Works thereunder, whether before its commencement or during the progress of Works or after the termination, abandonment or breach of the Contract, it shall, in the first instance, be referred for settlement to the competent authority described al
Compliance with dispute resolution timelines in contracts is mandatory, and failure to adhere renders arbitration petitions non-maintainable under specified legal frameworks.
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 ....
Parties must exhaust contractual dispute resolution mechanisms, but such compliance cannot obstruct access to justice, especially when limitation periods are extended due to exceptional circumstances....
A clause restricting arbitration claims to 28 days is void under Section 28(b) of the Indian Contract Act, but the arbitral tribunal exceeded its jurisdiction by deciding disputes not referred to it.
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