LAWS(KER)-1989-12-44

ABDULLA HAJI Vs. STATE OF KERALA

Decided On December 05, 1989
ABDULLA HAJI Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The questions arising for consideration in these appeals are identical and therefore these appeals are disposed of by a common judgment.

(2.) M.F.A. Nos. 607, 608 and 609 of 1987 are directed against the common judgment dismissing O.S. 27/85, 25/85 and 23/85 instituted by the appellant under S.20 of The Arbitration Act. M.F.A. 22/89 on the other hand is an appeal filed by the State challenging the judgment and decree allowing O.S.26/85 instituted by the appellant, in the connected appeals, again under S.20 of The Arbitration Act.

(3.) A Division Bench of this court dismissed M.F.A Nos. 607, 608 and 609 of 1987 in limine observing that "the plea for arbitration is barred by limitation as per Clause.24(b) of notice inviting tenders, since it is beyond the period of three months from Ext.B4 dated 21-7-1981". This judgment was under challenge before the Supreme Court as is seen from the order disposing of Civil Appeal Nos.2382-84/89. For easy reference we shall extract the order of the Supreme Court.