LAWS(GJH)-2010-4-222

UMASHAKTI CONSTRUCTION CO Vs. STATE OF GUJARAT

Decided On April 30, 2010
UMASHAKTI CONSTRUCTION CO. Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This Civil Revision Application is filed under Section 12 of the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 and under Section 115 of the Civil Procedure Code, 1908.

(2.) The present applicant has preferred the reference before the Arbitration Tribunal at Ahmedabad which was numbered as Arbitration Reference No.87 of 1998. As per the order passed by the Tribunal on 25.4.2000, the applicant was required to file the application for condonation of delay on or before 5.5.2000 after payment of cost of Rs.500/- to the respondents. It is submitted by Mr.Sukhwani that applications dated 5.5.2000 and 16.6.2000 were filed on behalf of the applicant requesting to extend the time which came to be allowed and the applicant was required to file the application on or before 7.7.2000, but as the Proprietor of the applicant was sick, he could not remain present and so the application for condonation of delay under Section 17 of the aforesaid Act could not be filed on or before 7.7.2000 and hence the applicant submitted the application to extend the time for filing the application for condonation of delay which came to be dismissed and hence this Civil Revision Application.

(3.) It is submitted by learned advocate Mr.Sukhwani that along with the application for extension, the medical certificate was also produced which was not considered by the Tribunal.