GOVIND PRASAD AGARWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the High Court dismissing the claim of the appellant being barred by limitation.

(2.) Briefly stated the facts are as follows.

(3.) A contract was entered into between the appellant and the respondent sometimes in the year 1981. Work order was issued to the appellant on 27/3/1981. The period for completion of the work was, however, extended upto 30/6/1985. On 10/12/1985, the appellant made a claim for payment of certain amount. The respondents did not reply to the claim. Ultimately, on 10/4/1991, the appellant filed an application under Sec. 20 of the Arbitration Act, 1940. The High Court in these circumstances held that under Article 137 of the Limitation Act 1963, the period of limitation provided is for three years from the time when the right to apply accrues and, therefore, the application was barred by time.