NATIONAL ALUMINIUM CO Vs. GANESH CHANDRA KANUNGO

JUDGEMENT

(1.) The opposite party No. 1 as a contractor had taken up the work of construction of roads, culverts and storm water drains at Nalco Nagar towship. A dispute having arisen, on the basis of an application filed by the present opposite party No. 1, the petitioner appointed an Arbitrator and such appointment was intimated to the Arbitrator and such appointment was intimated to the Arbitrator by letter dated 29-6-1995. In the said letter appointing the Arbitrator it was mentioned :-

(2.) The petitioner, thereafter, approached the Civil Judge (Sr. Divn.), Angul, by filing an application purported to be under Sections 33 and 41 of the Arbitration Act read with Section 151 of the Code of Civil Procedure. While dismissing the said petition, the Civil Judge (Sr. Divn.), Angul, has observed that the claim was not barred by limitation. Hence the present Civil Revision.

(3.) In the present Civil Revision, the learned counsel for the petitioner has referred to the various documents and urged that the claim application was barred by limitation and accordingly, the Arbitrator and the Civil Judge should have dismissed the claim application on the ground of limitation. The learned counsel appearing for the opposite party No. 1 supported the reasonings of the court below and has urged that the claim application is not barred by limitation.