M KUMARESAN Vs. ARBITRATOR/DISTRICT COLLECTOR, SALEM DISTRICT

JUDGEMENT

(1.) The brief facts of the case as follows:

(2.) The learned counsel for the petitioner would submit that the petitioner has challenged the land acquisition notification before this Court in W.P.15846 of 2012 and after dismissal of the writ petition, the petitioner has preferred Writ Appeal in W.A.SR No.4429 of 2016. Therefore, Section 14 of the Limitation Act would apply to the present case. In support of his submission, petitioner has relied upon the decision of the Hon'ble Supreme Court reported in Gulbarga University vs. Mallikarjun S.Kodagali and another, 2008 4 CTC 531 wherein the Hon'ble Supreme Court held as under:

(3.) In the above said case, award copy was not supplied to the respondent and the respondent filed writ petition before the High Court of Karnataka. Pursuant to the direction given by the Karnataka High Court, copy of the award was furnished to the respondent. Therefore, treating the said award to be one made under the Act as also on the premise that no objection thereto was filed by the appellants therein under Section 47 of C.P.C. the said objection was dismissed. A Revision Application was filed against the Judgment, dated 30.11.2001, it was held by the Karnataka High Court that the said clause does not constitute an arbitration agreement. Therefore, the said contention of the appellants therein was not accepted by the Karnataka High Court. Therefore, the Hon'ble Supreme Court has considered the issue and held that Section 14 of the Limitation Act is applicable to the proceedings under Section 34 of the Arbitration and Conciliation Act, 1996.