NARESH AND CO Vs. STATE OF M P

JUDGEMENT

(1.) IN this civil revision preferred under Section 19 of M. P. Madhyastham Adhikaran Adhiniyam, 1983 (for brevity, 'the Act') the petitioner has called in question the warrantableness of the order passed by M. P. Arbitration Tribunal (in short, 'the tribunal') in Reference Case No. 254 of 1991 on 04. 05. 1995 whereby the tribunal has expressed the view that part of the claim put forth before the tribunal was barred by limitation.

(2.) THE facts that have given rise to the present revision are that the petitioner was awarded earth work in respect of Project Work of Right Bank, Main Canal of Kolar Project and petitioner completed the work in question on 30th October, 1986. The final bill was prepared by the respondents and certain amount was paid to the petitioner.

(3.) THE grievance of the petitioner was that cost of earth work, actual lead and lift and escalation while doing earth work, actual lead and escalation was not paid by the respondents. The petitioner entered into communication with Superintending Engineer, who is the final authority under the agreement to settle dispute between the parties. But as the final authority did not resolve the same, he filed the application before the tribunal on 23. 01. 1991.