ENVIRONMENTAL ENGINEER INC Vs. MAHARASHTRA POLLUTION CONTROL BOARD

JUDGEMENT

(1.) BY the present petition the petitioners are challenging the arbitral award dated 25. 7. 2003 passed by the Arbitrator under Section 34 of the Arbitration and Conciliation Act, 1996.

(2.) SOME of the material facts of the case are as under:-The Respondent No. 1 Maharashtra Pollution Control Board invited tenders for the establishment of regional Laboratories at Nagpur and Pune. The petitioner submitted his tender and after negotiations, the same was accepted on 27. 4. 1994. On 7. 5. 1994, the respondent issued the acceptance letter. A work order was issued and ultimately the work was carried out and completed by the petitioner. However, in respect of the said work, differences and disputes arose by and between the parties. The petitioner therefore invoked the arbitration agreement between the parties under the tender document. The respondent did not appoint an arbitrator and accordingly the petitioner filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 being Arbitration Application No. 34 of 2001. By an order dated 28. 7. 2001, the learned Judge exercising power under Section 11 of the Arbitration and Conciliation Act, 1996 directed that the matter be referred to arbitration of one Mr. Sitesh Goswamy. In the course of deciding the said application under section 11, one of the issues raised was that the claims were barred by law of limitation. It was urged that because the Petitioner herein did not request for an arbitrator within 90 days from the submission of the final bill, the matter could not be referred for arbitration. While deciding this aspect of the matter, the learned Judge, inter alia, observed that the bill dated 21. 3. 1995 was not the final bill as there were latter bills submitted on 31. 5. 1995. On this basis the learned Judge held that the claims were not barred by law of limitation.

(3.) THE matter thereafter proceeded before the arbitrator and the arbitrator while considering all the aspects of the matter, has passed the impugned award dated 25. 7. 2003.