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2005 Supreme(MP) 1071

K.K.LAHOTI, S.S.DWIVEDI
Ramla Constructions – Appellant
Versus
State of M. P. – Respondent


Advocates:
V.R. Rao for applicant; Sudesh Verma, Government Advocate for respondent No. 1.

ORDER

1. The applicant has filed this revision under section 19 of M.P. Madhyastham Adhikaran Adhiniyam, 1983 (hereinafter referred as 'the Adhiniyam') assailing the award dated 28.2.2003 passed by M.P. Arbitration Tribunal, Bhopal in Reference Case No. 22/1991 by which the reference application of applicant has been dismissed as barred by time.

2. The facts, in short, of the case are as under: Applicant was awarded a works contract for the construction of Spill Channel of Matiyari Irrigation Project. On 21.11.1981, the work order was issued and the last date of completion of work was 20.11.1982. The work could not be completed and after following process, concerned Executive Engineer rescinded the contract on 30.1.1984. Applicant aggrieved by the order of Executive Engineer made a reference to the Superintending Engineer under clause 3.3.29 of the contract on date 22.3.1984. The Superintending Engineer decided the matter finally on 31.12.1984 and rejected the claim of the applicant. On 31.12.1984 the remedy of the applicant was to approach civil Court under the provision of Arbitration Act, 1940. Though the M.P. Madhyastham Adhikaran Adhiniyam, 1983 (hereinafter referred as 't













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