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2015 (8) TMI 1106 - SC - Indian LawsRevisional order dismissed as barred by limitation - Whether the provisions of Limitation Act are applicable to the provisions of Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 - Held that:- Section 5 of the Limitation Act provides that an appeal may be admitted after the limitation period has expired, if the appellant satisfies the court that there was sufficient cause for delay - Section 19 of the Act of 1983, does not contain any express rider on the power of the High Court to entertain an application for revision after the expiry of the prescribed period of three months. On the contrary, the High Court is conferred with suo moto power, to call for the record of an award at any time. - legislative intent was to exclude the applicability of Section 5 of the Limitation Act to Section 19 of the Act of 1983. - it is unnecessary to delve into the question of whether the Arbitral Tribunal constituted under the Act is a Court or not for answering the issue in the present case, as the delay in filing the revision has occurred before the High Court, and not the Arbitral Tribunal. Case of Nagar Palika Parishad, Morena (2003 (8) TMI 534 - MADHYA PRADESH HIGH COURT) was decided erroneously. Section 5 of the Limitation Act is applicable to Section 19 of the Act of 1983. No express exclusion has been incorporated therein, and there is neither any evidence to suggest that the legislative intent was to bar the application of Section 5 of the Limitation Act on Section 19 of the Act of 1983. The cases which were relied upon to dismiss the Special Leave Petition, namely Nasiruddin (2003 (1) TMI 693 - SUPREME COURT OF INDIA) and Popular Construction (2001 (10) TMI 1044 - SUPREME COURT OF INDIA) can be distinguished both in terms of the facts as well as the law applicable, and thus, have no bearing on the facts of the present case. - The impugned judgments and orders are set aside - Decided in favour of appellant.
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