STATE OF BIHAR Vs. KEMS SERVICE PVT. LTD.

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned Senior counsel for the opposite party.

(2.) The instant application has been filed on behalf of the petitioners under Sec. 5 of the Limitation Act praying for condoning the delay of 3 years 3 months and 25 days in filing of the instant revision application.

(3.) Pursuant to the opposite party having participated in the tender process on a notice inviting tender having been published, the work in question was awarded to the opposite party and an agreement bearing Agreement no.1 S.B.D. of 20112012 was entered into between the opposite party and the departmental authorities. Some dispute having arisen between the parties led to filing of writ applications in this Court. The matter ultimately traveled to the Bihar Public Works Contracts Disputes Arbitration Tribunal wherein in Reference Case no.26 of 2013 an award dtd. 25/11/2014 was passed. It is this award dtd. 25/11/2014 which has been challenged by the petitioners in the civil revision application filed under Sec. 13 of the Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008 (hereinafter referred to as the 'Act of 2008'). The application against the award impugned dtd. 25/11/2014 having been preferred after a delay of 3 years 3 months and 25 days on 20/6/2018, the instant application has been filed on behalf of the petitioners praying for condonation of delay. Besides the application for condonation of delay, the petitioners have also filed a supplementary affidavit.