RAM NIWAS SHUKLA Vs. STATE OF M P

JUDGEMENT

(1.) A short controversy involved in this revision is that whether a reference application filed before the Tribunal beyond the period of 18 months from the date of referring dispute to the Final Authority under the contract, but within one year of the decision of Final Authority is barred by limitation under Section 7-B of M. P. Madhyastham Adhikaran Adhiniyam, 1983 (hereinafter referred to as The Act, 1983' ).

(2.) THE facts in short are that the applicant is a contractor. A contract was awarded to the applicant for the construction of 48 family quarters at Rewa. The aforesaid work could not be completed within the stipulated time. The applicant referred the dispute to the Chief Engineer who was Final Authority under the agreement dated 1-9-1982. The Chief Engineer did not take any decision for a period of near about 1 1/2 years to decide the dispute and on 4-5-1994 rejected it. The applicant preferred a reference petition before the Arbitration Tribunal on 24-5-1994, within a period of 20 days from the date of decision of the Chief Engineer. Along with the application, applicant filed an application seeking condonation of delay under Section 17-A of the Act, 1983. The Tribunal considered this application and found that the applicant ought to have filed the reference application within a period of 18 months from the date of filing the dispute before the Chief Engineer and after 18 months from the date of filing of the dispute to the Chief Engineer, the application was barred by limitation under Section 7-B. There is no provision for condonation of delay in the Act or even under Section 17-A, invoking inherent powers of the Tribunal. This order is under challenge in this revision. Learned Counsel for the applicant submitted as under:

(3.) SHRI Vivek Awasthy, learned G. A. supported the order and submitted that if the dispute was not decided by the Authority within a period of six months, as provided under Section 7-B of the Act of 1983, the applicant ought to have preferred a reference petition within a period of one year immediately after 6 months. The proviso of Section 7-B provides limitation and in case the reference petition was not filed within a period of 18 months from the date of filing of the dispute before the Chief Engineer, it was barred by limitation. Merely the Chief Engineer took a decision after 6 months, will not give any fresh cause of action in this regard. The applicant himself sought condonation of delay by filing an application under Section 17-A of the Act of 1983 then the applicant can not say that no such application was required or the reference petition filed before the Tribunal was within time. The principle of approbate and reprobate shall apply in the matter and different plea can not be permitted to be taken by the applicant at this juncture.