STATE OF H.P. Vs. MENGI ENGINEERING COMPANY

JUDGEMENT

(1.) This application, being OMP(M) No.26 of 2024, has been moved by the objectors/applicants-State under Sec. 34(3) of the Arbitration and Conciliation Act (in short 'the Act') for condonation of delay in filing objections under Sec. 34(1) of the Act.

(2.) An award was passed by the learned Arbitrator on 11/10/2023, thereby dismissing the claim of the respondent/non-applicant as also the counter-claim of the objectors/applicants. In respect of the counter-claim filed by the objectors/applicants, it was held that cause of action had accrued to them on 13/11/1989, whereas, counter-claim was instituted much later, i.e. on 17/7/1999 (sic 20/11/1997).

(3.) As per the case pleaded by the objectors/applicants, signed copy of the award dtd. 11/10/2023 was received by them on 27/10/2023; On account of rainy season in the State that prolonged upto the month of October, 2023, staff of the Department remained occupied in field for restoration of road works.