STATE OF GOA Vs. C. M. NOORUDHIN

JUDGEMENT

(1.) HEARD Mr. Pai, learned Additional Government Advocate for the petitioner.

(2.) BY this petition filed under Article 227 of the Constitution of India, the petitioner has challenged the order dated 02/09/2005 passed by the learned Additional District Judge -II, North Goa, Panaji in Civil Miscellaneous Application No. 331/2004.

(3.) BY impugned order dated 02/09/2005, the learned Additional District Judge -II, relying upon the judgment of the Apex Court in the case of ''Union of India Vs. M/s. Popular Construction Company '', [AIR 2001 SC 4010], held that the provisions of Section 5 of the Limitation Act, 1963 are not applicable to an application under Section 34 of the Act and that the Court's power to condone the delay is limited to maximum of 30 days only and not thereafter. Since the objections were filed admittedly after the expiry of 38 days from the date of expiry of three months from the date of receipt of the Award, the application came to be dismissed. Therefore, the petitioner has filed the present petition against the said order.