HIGH COURT OF MADHYA PRADESH
Pramod Kumar Jain – Appellant
Versus
The State Of Madhya Pradesh – Respondent
ORDER revision.
6. Following issue is raised for the consideration in this revision.
"Whether the tribunal wrongly considered the issue of the limitation of filing reference as the reference was time barred?"
7. Award dated 30/9/2002 was set aside in revision 76/2003 vide order date 27/6/2008 and remanded the reference petition to this tribunal to decide the petition fresh. After remand this case was again dismissed as time barred after applying the principle laid down in case M/s Serman India Road Makers (Pvt.) Limited Vs. State of M.P. reported as 2005 Arb.WLJ 583. In the above case it was held that a final cause of arbitration may be the date of preparation of the final bill or the date when any dispute has arisen.
8. Learned counsel for respondent argued that the reference case filed by the petitioner was barred by limitation under Section 7-B of the
1983 Act. Tribunal has rightly dismissed it as time barred.
9. It is profitable to reproduce the provision of 7 of the Madhyastham Adhikaran (Sanshodhan) Adhiniyam, 1990.
7-A. Reference Petition.—(1) Every reference petition shall include whole of the claim which the party is entitled to make in respect of the works contract till the fili
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