LAWS(BOM)-2008-9-52

STATE OF GOA Vs. C V NAIK

Decided On September 12, 2008
STATE OF GOA Appellant
V/S
C.V. NAIK, CIVIL CONTRACTOR Respondents

JUDGEMENT

(1.) THIS is an appeal under Section 37 of the Arbitration and conciliation Act, 1996.

(2.) AN application being Civil Misc. Application No. 267/2001 was filed by the applicant/appellant State of Goa, through its Executive Engineer, works Division XIV, Public Works Department, Bambolim, Goa, challenging the Award made in favour of the respondent by the learned Arbitrator on 29. 9. 2001.

(3.) IT is not necessary to enter into any detailed controversy, nor reproduce the facts as set out in the impugned order, because the only ground on which Shri Rivonkar sought to challenge the impugned order is that it fails to consider the issue of limitation. In his submission, the contract stipulation and the relevant provisions/articles of the Limitation Act, 1963 have been brushed aside by the Court below while dismissing the petition under Section 34 of the Arbitration and Conciliation Act, 1996.