PUNJAB MANDI BOARD Vs. GURBAX SINGH

JUDGEMENT

(1.) THIS first appeal is directed against the order 6.6.1992 whereby the Additional Senior Sub Judge, Sultanpur Lodhi dismissed the objections filed by the Punjab Mandi Board -the appellant herein and made the award of the Arbitrator a Rule of the Court.

(2.) FACTS necessary for the disposal of this appeal which lie in a narrow compass may first be noticed. M/s Gurbax Singh and others (hereinafter referred to as the contractor) entered into a contract with the Punjab Mandi Board (for short the Board) on 16.4.1988 for the work of 'Providing and Laying 3/4" (2 cms.) Thick Open Graded Premix Carpet in a Single Layer Using Hot Mix Plant and Paver Finisher' on village link roads in the Districts of Jalandhar and Kapurthala in Punjab State. The contract was to be completed in 6 months and 21 days and it is common case of the parties that the work could not be completed within the stipulated period and the time for completing the work was extended up to 7.2.1989 and thereafter another extension was granted up to 30.6.1989. The total estimated value of the work was Rs. 1.75 crores. Amongst others, Clauses 9, 10 and 15 of the conditions contained in the contract are relevant for our purpose and these read as under : -

(3.) I have heard the learned counsel for the parties and perused the record. At the outset, Shri H.L. Sibal, learned senior counsel appearing for the contractor contended that since the objections filed by the Board before the trial court were barred by time, the trial court was justified in dismissing the same and, therefore, this court should first decide the question of limitation and if the objections filed by the Board are found to be beyond the time prescribed by law, then it would not be necessary for this court to examine the other contentions raised by the Board. In view of this contention, I proceed to decide the question of limitation first.