VIKAS ELECTRICALS Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) ON restoration, the appeal is taken up for hearing.

(2.) THE appellant is aggrieved of the impugned order dated 06.09.1999, passed by the Additional District Judge No. 1, Kota, whereby its application under Section 20 of the Arbitration Act, 1940 (hereinafter the Act of 1940) has been dismissed on the ground of it being hit by limitation having been filed beyond a period of three years from the time when the right to apply accrued.

(3.) ON service of the application under Section 20 of the Act of 1940 on the respondent -Railway, a reply of denial was filed. It was submitted that the application under Section 20 of the Act of 1940 was hit by limitation and therefore deserving of dismissal. Vide impugned order dated 06.09.1999, the learned lower court upheld the contention of the respondent -Railway and dismissed the appellant's application under Section 20 of the Act of 1940 on the ground of limitation.