R P SENGHAL Vs. STATE OF M P

JUDGEMENT

(1.) THESE civil revisions being interlinked and interconnected were heard analogously and disposed of by this common order.

(2.) THE facts which are requisite to be stated for disposal of the aforesaid Civil Revisions are that four separate contracts for collection of raw material on Jabalpur Nagpur Road, National Highway No. 7 in certain Kms. were awarded to one Late B. P. Sangel and accordingly four separate work orders were issued in his name. Stipulated period for completion of the work was six months. The contractor had completed the works in the stipulated period but payments were not made by the owner to him. B. P. Sengal breathed his last on 5-1-1982 and thereafter his son R. P. Sangal filed four reference petitions regarding the claims arising under those agreements before the M. P. Arbitration Tribunal (for short 'the Tribunal' ). Before the Tribunal claims were put forth on various heads. The owner resisted the claims by entering into the contest and raised preliminary objection with regard to limitation. The Tribunal treated the application to be one under Order 7 Rule 11 of the Code of Civil Procedure and came to hold that the claims were barred by limitation and accordingly rejected the same.

(3.) IT is noteworthy to state here that the Tribunal referred to Clauses 9, 14 and 19 of the agreements executed by the contractor. The Clause 19 being relevant for our present purpose is reproduced below:-