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Punjab-Haryana High Court

Pritam Lal Sharma vs Haryana Urban Development Authority & ... on 19 August, 2014

Author: Rajiv Narain Raina

Bench: Rajiv Narain Raina

            IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                                              FAO. No. 4731 of 2007 (O&M)
                                                                 Date of decision: 19.08.2014


            Pritam Lal Sharma
                                                                            ..... Appellant
                                                     Versus

            Haryana Urban Development Authority & others
                                                                           ..... Respondents

            CORAM: Hon'ble Mr.Justice Rajiv Narain Raina

            Present:           Mr. Harkesh Manuja, Advocate,
                               for the appellant.


                               Mr. Manjit Singh, Advocate, for
                               Ms. Sheenu Sura, Advocate,
                               for respondent Nos.1 & 2.
                                                       ***

1. To be referred to the Reporters or not?

2. Whether the judgment should be reported in the Digest? RAJIV NARAIN RAINA (ORAL) In all fairness, learned counsel for respondent Nos.1 & 2 submits that the plea of limitation would operate against HUDA and bar of limitation would come in its way. It is well settled that time barred appeals cannot go to arbitration as the Limitation Act applies to proceedings before the Arbitrator under the Arbitration and Conciliation Act, 1996. Time bar in the present appeal will run in favour of the appellant.

For the aforesaid reason, the appeal is accepted and the order dated 18.5.2007 passed by the learned Additional District Judge, Panipat, is set aside.




            19.08.2014                                           (RAJIV NARAIN RAINA)
            monika                                                       JUDGE
MONIKA VERMA
2014.08.22 10:44
I attest to the accuracy and
integrity of this document
chandigarh