LAWS(CHH)-2016-8-22

AJENDER SINGH Vs. STATE OF CHHATTISGARH

Decided On August 04, 2016
Ajender Singh Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) Invoking Section 19 of the Chhattisgarh Madhyastham Adhikaran Adhiniyam, 1983 (for short 'the Act of 1983'), the petitioner contractor has filed this revision questioning legality, validity and correctness of the award dated 5.1.2012 passed by the Chhattisgarh Madhyastham Adhikaran, Raipur (for short 'the Arbitration Tribunal') in Reference Case No.5/2010, whereby the reference petition instituted by the petitioner herein has been rejected on the ground that it is barred by limitation as provided in Section 7-B (2-A) of the Act of 1983 as well as on the ground that no quantified claim was made by the petitioner.

(2.) The aforesaid award has been challenged by the petitioner on the following factual backdrop:-

(3.) Mr. A.K.Mishra, learned counsel appearing for the petitioner contractor, would submit that learned Arbitration Tribunal has committed grave legal error by dismissing the reference petition holding it to be barred by limitation under Section 7-B (2-A) of the Act of 1983 and further erred in holding that the reference petition is not maintainable in view of the decision of the Supreme Court in the matters of VA Tech and Ravikant Banshal , ignoring the decision of the Supreme Court in the matter of Madhya Pradesh Rural Road Development Authority and another Vs. L.G. Chaudhary Engineers & Contractors, 2012 3 SCC 495.