INDIAN AIRLINES Vs. LHODY BROTHERS PRIVATE LIMITED

JUDGEMENT

(1.) This is an application under section 20 of the Arbitration Act filed by Indian Airlines Corporation. The petitioner awarded the work of construction of 6 'A' Type, 2 'B' Type and 2 'C' Type quarters and boundary wall etc. in Paharia Housing Scheme, Varansi to the respondent As per the contract between the parties, the work was to be completed within a period of 12 months to be reckoned from the 15th day after the date of acceptance of the work Both parties agree that the stipulated date of completion worked out on the above basis, was 31st January, 1988. While the petitioner claims that the work was abandoned by the respondent by the end of September 1989, the latter denies the allegation by asserting that by the end of September 1989 the work was completed by it.

(2.) The respondent on an earlier occasion raised certain disputes, arising out of the above said contract, which were referred to the General Manger (Administration) of the petitioner. Now by this application under section 20 of the Arbitration Act the petitioner seeks the reference of the claims raised in the instant application to the same Arbitrator. It may be pointed out that in the earlier application under section 20 of the Arbitration Act filed by the respondent, the petitioner had not raised any counter claim.

(3.) Learned counsel appearing for the respondent submitted that the petition under section 20 of the Arbitration Act was barred by time. He further urged that the claims now being raised by the petitioner are barred by the principles of constructive resjudicata and under Order 2 Rule 2 Civil Procedure Code.