STATE Vs. KHAN GH RASOOL BABA

JUDGEMENT

(1.) THIS application has been submitted under Section 5 of the Limitation Act, praying for condonation of delay in filing the appeal against the judgment dated: 31 -07 -2001 passed by Additional District Judge, Srinagar.

(2.) THE record reveals that the respondent was allotted work for construction of drain including main -holes for Ghana Mohalla drainage Scheme from RD -0 to 500 vide tender notice No. 17/SED/Sgr. dated: 8th of May, 1990. The respondent seems to have started construction of the drainage and during the course of execution of the work the alignment was change by the appellants. It seems that there was cost escalation on account of execution of extra construction work and for dewatering of the drainage. The respondent, however, continued and complete the work.

(3.) THE respondent approached appellants for release of the payment which does not seem to have been made despite passing of the bill and as such suit for recovery of the amount of Rs. 8,53,791/ - was filed in this Court. On the basis of the application filed by the respondent the controversy was referred and settled in Arbitration proceeding and award of Rs. 5,17,500/ - was passed in faovur of the respondent. The award was made rule of the court vide order dated: 31 -07 -2001. The appellants preferred appeal against the order dated: 31 -07 -2001, which being time barred by 127 days, is prayed to be admitted by condoning the delay in the present CMP.