GARG CONSTRUCTION COMPANY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Contractor has filed the instant revision petition under Article 227 of the Constitution of India challenging order dated 24.04.2009 (Annexure P-5) passed by respondent No. 2 as Arbitrator, whereby respondent No. 2 has stated that claim of the petitioner-contractor cannot be considered at the belated stage. This observation was made on the basis of limitation period specified in clause 25 (vii) of the agreement.

(2.) Learned counsel for the petitioner contended that the period of limitation, as prescribed by the Limitation Act, could not be curtailed by the clause in the agreement, and therefore, impugned order is not sustainable. Reliance in support of this contention has been placed on judgment of this Court in the case of Rajesh Kumar Midda v. State of Punjab and others, 2004 1 RCR(Civ) 374and a judgment of Delhi High Court in the case of Punj Lloyd Ltd. v. National Highways Authority of India, 2009 3 ArbLR 506.

(3.) Learned State counsel for the respondents has not cited any judgment to the contrary.