S.B.SINHA, CYRIAC JOSEPH
GULBARGA UNIVERSITY – Appellant
Versus
MALLIKARJUN S. KODAGALI – Respondent
JUDGMENT
S. B. SINHA, J.
( 1 ) LEAVE granted.
( 2 ) APPLICATION of Section 14 of the Limitation Act, 1963 in a proceeding under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, 'the Act') is in question in this appeal which arises out of a judgment and order dated 31. 1. 2005 passed by the High Court of karnataka at Bangalore in Miscellaneous First Appeal No. 717 of 2004 whereby and whereunder the objection filed by the appellant herein under Section 34 of the Act was held to be barred by limitation.
( 3 ) BEREFT of all unnecessary details, the fact of the matter is as under : the parties hereto entered into a contract of construction of an indoor stadium on or about 21. 5. 1993. The said contract contained a clause pertaining to resolution of dispute between the parties by the superintending Engineer, PWD, Gulbarga contained in clause 30 of the contract, which reads as under :
"the decision of the Superintending Engineer of the Gulbarga Circle for the time being shall be final, conclusive, and binding on all parties to the contract upon all questions relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to
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