LAWS(KAR)-2009-4-147

STATE OF KARNATAKA Vs. NAVEENA CONSTRUCTIONS AND ANOTHER

Decided On April 06, 2009
STATE OF KARNATAKA Appellant
V/S
Naveena Constructions And Another Respondents

JUDGEMENT

(1.) In these two appeals under Section 39 of the Arbitration Act, 1940 ( Act for short), the common questions that arise for consideration being the same, the appeals were heard together and disposed of by the common judgment.

(2.) The main question that arises for considera- tion in these appeals whether the provisions of Section 5 of the Limitation Act, 1963, which provides for extension of prescribed period in certain cases, are applicable in a proceeding initiated by the Arbitrator s under sub-section (2) of Section 14 of the Arbitration Act.

(3.) The facts of the case in brief are as follows : The Arbitrators concerned filed their respective awards in court at the instance of the claimants in terms of Section 14 of the Act. Section 14 of the Act reads as hereunder :