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Engineer Builder and Associates v. Union of India and Others

Civil Appeal · 2014 INSC 898Decided 10 Feb 2014
Civil Appeal Nos. 1932-1934 of 2014
Justice A.K. Patnaik · Justice J.S. Khehar

Background

A contractor obtained an arbitration award for military accommodation work and sought to enforce it. The government challenged the award under the newer Jammu and Kashmir statute, but the courts held that the older 1945 Act applied. The High Court nevertheless gave permission to seek condonation of delay under that older regime, which the contractor contested.

Decision Breakdown

The Supreme Court allowed the contractor's appeal. Reading the 1945 Act with its schedule and the applicable Limitation Act established a thirty-day period from service of notice that the award had been filed. The relevant provisions did not extend the general power to excuse delay to this special-law application. The High Court therefore could not give permission to pursue a condonation application that the court had no power to allow.

Lesson Learnt

A limitation deadline under a special statute may be absolute even when ordinary court filings allow delay to be excused. Parties must identify the governing arbitration law and its specific time-extension provisions before relying on a general condonation rule.

Official source (sci.gov.in)View Judgment (PDF)

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