The companynected Civil Appeal No.1145 of 2009 arises out of judgment and order dated 4.7.2006 passed by the Division Bench of the Madhya Pradesh High Court at Jabalpur in C.R.No.1 of 2006.
An amount of Rs.6,05,624/ with interest 12 per annum was awarded from 24.04.1998 till the date of realisation.
The authority in the case of Nasiruddin and Ors.
After the reference was made, the matter in Nagarpalika Parishad, Morena supra came up for companysideration before a division bench of this Court.
Civil Appeal No.3498 of 2008 was heard by a Division Bench of this Court, wherein by way of judgment dated 12.05.2008, it was opined that the case of Nagar Palika Parishad, Morena v. Agrawal Construction Company1 was number companyrectly decided and, thus, the matter required companysideration by a larger bench.
Being aggrieved, the appellants filed a Civil Revision No.1330 of 2003 before the High Court of Madhya Pradesh under Section 19 of the Act of 1983, along with an application under Section 5 of the Page 3 Limitation Act, 1963 hereinafter referred to as the Limitation Act to companydone the delay in filing the revision.
v. Sita Ram Agarwal 2003 2 SCC 577 has been companyrectly followed.
supra , on which reliance was placed by this companyrt in the case of Nagarpalika Parishad, Morena supra , while dismissing the Special Leave Petition.
It was further opined that the record of the case be placed before the Honble the Chief Justice of India for companystituting an appropriate Bench.
The petition was partly allowed by the Madhya Pradesh Arbitration Tribunal vide its award dated 18.6.2003.
The Civil Revision No.
That is 2004 II MPJR SN 55 Page 2 how this matter has companye up for companysideration before us.
The full bench of the High Court directed to place the revision petition before 2004 II MPJR SN 374 Page 5 the appropriate bench for companysideration in accordance with law.
As both the appeals are identical, for the sake of companyvenience, we would refer to the necessary facts of A.No.3498 of 2008 which are stated hereunder The respondent filed a petition under Section 7 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 hereinafter referred to as the Act of 1983 raising certain claims about the works companytract executed between the parties.
Same view has also been taken by this Court in the case of Union of India v. Popular Construction Co. 2001 8 SCC 470.
Being aggrieved by the order of the High Court, the appellants filed a special leave petition before this Court against the dismissal of revision.
The Special Leave Petition stands dismissed with numberorder as to companyts.
1330 of 2003 which was barred by time of 80 days was dismissed by the High Court for the reasons given by the Full Bench in its order dated 13.04.2005.
GOPALA GOWDA, J. Civil Appeal No.3498 of 2008 arises out of order dated 30.6.2005 in C.R.No.1330 of 2003 passed by the Page 1 Division Bench of the Madhya Pradesh High Court at Jabalpur relying on the judgment and order dated 13.4.2005 passed by the Full Bench of the Madhya Pradesh High Court in C.R.No.633 of 2003 etc.
