TMI Blog2001 (5) TMI 965X X X X Extracts X X X X X X X X Extracts X X X X ..... was competent to reject the claim of the petitioner on the ground that the demand for Arbitrator was not made within 90 days from the date of the final bill as per clause 25 of the Agreement. Clause 25 of the agreement provides as under:- It is also a term of the contract that if the contractor does not make demand of arbitration in respect of any claim in writing within 90 days of the int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 28 of the Contract Act provides as under:- Every agreement:- (a) by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights; or (b) which extinguishes the rights of any party thereto, or discharges any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to him alive irrespective of clause the amount which was due to him alive irrespective of clause 25 in the agreement, the application is allowed. 6. As a result, the award dated 8th June, 1994 is hereby set aside with the direction to the Arbitrator to decide the claims of the petitioner on merits. However in case of non-availability of the Arbitrator, a new Arbitrator shall be appointed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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