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february 2008

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.

M/S.BHARATH ENGGNG.SERVICE TECHNO.& CO. vs EX.ENGINNER KABINI CANAL DIVISION · Niyam