Full Judgment Text
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CASE NO.:
Appeal (civil) 412 of 2008
PETITIONER:
M/S. JAGDISH ENTERPRISES ENGINEERS & CONTRACTORS
RESPONDENT:
DIRECTOR GENERAL, DEPARTMENT OF TELECOMMUNICATION & ORS
DATE OF JUDGMENT: 15/01/2008
BENCH:
H.K. SEMA & MARKANDEY KATJU
JUDGMENT:
JUDGMENT
O R D E R
CIVIL APPEAL NO.412 OF 2008
(SPECIAL LEAVE PETITION (C) NO.1284 OF 2007)
Leave granted.
Heard the parties.
By the order impugned the High Court dismissed the Arbitration Application
invoking the arbitration clause as barred by limitation. We have been taken through
the High Court order. The undisputed fact is that although the work stood
completed sometime in 1999-2000 the correspondences were made between the
parties with regard to the settlement of bills. The correspondences made between the
parties are letters dated 21.01.2003, 11.04.2003 and 24.04.2003. Unfortunately, the
High Court has failed to take note of these correspondences but dismissed
application invoking arbitration clause as barred by limitation.
: 2 :
We are of the clear view that the High Court was in error in not considering
these correspondences between the parties. The order of the High Court is
accordingly set aside. The Arbitration Application No.16 of 2006 is restored to the
file of the High Court for afresh disposal by taking into account the correspondences
made between the parties vide letters dated 21.01.2003, 11.04.2003 and 24.04.2003.
Since, the matter is pending for quite some time, the High Court is requested to
dispose of the said Arbitration Application as expeditiously as possible preferably
within three months from the date of receipt of this order.
The appeal is disposed of accordingly.