JIVALAL A PATEL Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) THE present Civil Revision Application is filed by the applicant challenging the order passed by the Gujarat Public Works Contract Disputes Arbitration Tribunal dated 25/04/2007 below Exh. 14 in Civil Application No. 55/2004 in Arbitration Reference No. 53/2005 by which the learned tribunal while condoning the delay in filing the Arbitration Reference has imposed cost of Rs. 25,550/- to the opponent.

(2.) SHRI Dipak Dave, learned advocate appearing on behalf of the applicant has submitted that as such the impugned order passed by the learned tribunal is absolutely arbitrary and no reason has been assigned to impose cost of Rs. 25,550/-, more particularly, when the learned tribunal has specifically observed and found that the applicant has made out a case with sufficient cause for filing the Arbitration Reference after 2555 days. It is further submitted that at the most some reasonable cost could have been imposed by the learned tribunal while condoning the delay. According to Shri Dipak Dave, learned advocate appearing on behalf of the applicant, Rs. 5,000/- can be said to be the reasonable cost to condone the delay and, therefore, it is requested to pass an appropriate order.

(3.) SHRI Amit Patel, learned AGP has tried to support the impugned order passed by the learned tribunal and has submitted that there was a huge delay of 2555 days in preferring the Arbitration Reference and, therefore, the learned tribunal has rightly imposed the cost of Rs. 25,550/- while condoning the delay. Hence, it is requested to dismiss the present Civil Revision Application.