RITES LTD Vs. BHARAT SANCHAR NIGAM LIMITED

JUDGEMENT

(1.) As all these original petitions involve the very same issue, they have been taken up together and disposed of by a common order.

(2.) All these cases pertain to the claim/value of the work executed in terms of work - removal of excess earth and sea sand filling. It is not in dispute that these two items of works were actually executed.

(3.) Insofar as O.P.No.414 of 2010, an additional issue was raised on behalf of respondents 1 to 3/BSNL with reference to the period of limitation. This was on the footing that part payment was made on 16.08.2004 but the petitioner, being the claimant made a request for arbitration through the petition dated 17.08.2007 by invoking Clause 18 of the agreement. Therefore, the claim was barred by limitation by two days.