TURNKEY CONSTRUCTIONS PRIVATE LIMITED Vs. V R BIJUR

JUDGEMENT

(1.) THIS miscellaneous first appeal arises out of an order passed by the 6th additional civil judge, Bangalore in arbitration case No. 39 of 2000, whereby an application purporting to be one under Section 5 of the Limitation Act, 1963, seeking condonation of delay in the filing of a petition under Section 34 (3) of the arbitration and conciliation Act, 1996, haa been dismissed as not maintainable.

(2.) THE respondents in this appeal are owners of site nob. 20, 21 and 22/2 situate in the langford garden in Bangalore, and measuring 92' 250' in all. A two storeyed old building standing on the said sites, was in terms of an agreement executed between the appellant-company and the respondents, to be pulled down by the former for construction of a multistoreyed building in its place. The agreement stipulated the terms and conditions subject to which the company was to put up the proposed new construction and part with a built-up area to the extent of 36% of the total comprising three residential flats on the first and the second floor of the new building. It also provided for arbitration in the event of any dispute arising between the contracting parties. Disputes having eventually arisen the parties agreed to refer the same for adjudication to Shri mohan ram, retired district and sessions judge. The said proceedings culminated in an award dated 31st of December, 1999 which was challenged in a. c. No. 39 of 2000 filed by the appellant-company, under Section 34 of the arbitration and conciliation Act, 1996. Since the application for setting aside was made beyond the period prescribed under Section 34, an application purporting to be filed seeking condonation of delay. That application has been by the order impugned in this appeal, dismissed primarily on the ground that the Provisions of Section 5 of the Limitation Act, 1963 have no application to the act aforementioned. Aggrieved, the appellant-company, has filed the present appeal as already noticed earlier,

(3.) WE have heard the counsel for the parties at some length and perused the record.