O ANNAMALAI(DECEASED) Vs. PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTING UNIT, SALEM

JUDGEMENT

(1.) The petitioners are aggrieved by the fair and decretal order dated 23.03.2014 in I.A.No.226 of 2014 in Arbitration O.P.No.164 of 2013 passed by the 1st Additional District Judge, Salem.

(2.) By the impugned order, the Court below has dismissed the said application filed under Order VII Rule 11 of CPC. It was held that issue as to whether the said O.P was barred by limitation or not can be decided at the time of final hearing of the case and not at the interlocutory stage.

(3.) The petitioners herein are some of land owners whose lands were acquired under the provisions of the National Highways Act. An Arbitral Award 8.11.2012 was passed by the District Collector who awarded compensation to the petitioners.