UNION OF INDIA Vs. DIVYA CONSTRUCTIONS

JUDGEMENT

(1.) Heard learned counsel for appellants Sri C V Rajeev Reddy and learned counsel for respondents Sri C.N Murthy.

(2.) Appellants and the respondents entered into contract, where under, appellants were awarded the work of "Rehabilitation of track between 22/8 kilo metres and 20/4 on UP line between Malkhaid Road and Chittapur Stations and provision of the wall and pitching Bridge Nos.21 and 22, for a value of Rs.1,16,20,492..00Disputes arose thereon. Respondent sought to refer the disputes to arbitration. The competent authority constituted Arbitral Tribunal comprising of three Arbitrators. The respondent made 15 claims before the Arbitral Tribunal. The Arbitral Tribunal passed an award on 15/7/2008 by awarding claim Nos.2(a), 2(b), 4(a), 5(a), 5(b), 9, 10, 11, 12, 13, 14 and 15, and rejected claim Nos.1, 3, 6, 7 and 8. Challenging the said award, the petitioners/appellants preferred A.O.P.No.301 of 2008 to the Court of XII Additional Chief Judge, City Civil Court, Secunderabad, to set aside the award passed by the Arbitral Tribunal. A.O.P.No.301 of 2008 was dismissed by order dtd. 20/9/2016. This appeal is preferred challenging the said order of the Civil Court with a delay of 1335 days.

(3.) Scope of Sec. 5 of the Limitation Act and scope of power of Court to condone the delay in filing an appeal was subject of consideration in plethora of precedent decisions of this Court and the Hon'ble Supreme Court. Suffice to note few land mark decisions to understand the concept of sufficient cause.