Supreme Court of India · 2008-02-26
M/S.BHARATH ENGGNG.SERVICE TECHNO.& CO. vs EX.ENGINNER KABINI CANAL DIVISION
- Citation / case number
- SC 2003/23491
- Court
- Supreme Court of India
- Petitioner
- M/S.BHARATH ENGGNG.SERVICE TECHNO.& CO.
- Respondent
- EX.ENGINNER KABINI CANAL DIVISION
- Author
- TARUN CHATTERJEE
- Bench
- TARUN CHATTERJEE & HARJIT SINGH BEDI
Judgment text excerpt
The Supreme Court held that the High Court's decision to set aside the arbitrator's award based on limitation was unsustainable. The Court found that the objections filed by the respondent-State against the award should have been entertained despite the delay, as sufficient cause was shown under Section 5 of the Limitation Act. The Court remitted the matter back to the trial court for a decision on the objection under Section 33 of the Arbitration Act, 1940, mandating a reasoned order within six months.