Hindustan Construction Co vs Karnataka Power Corporation Ltd on 29 January, 2020
70. Further, learned advocate for plaintiff has also placed copy of
another judgment reported in AIR 1998 Delhi 356 (Surinder Kumar Gupta Vs.
Delhi Development Authority & Anr.) in which the Arbitral Tribunal negatived
the preliminary objections raised stating that claims were barred by
limitation, by observing that non-payment of the amount due gives rise to a
claim and the claimant cannot be barred on the basis of the preliminary
objections. This finding of the Arbitral Tribunal came to be confirmed.
This proposition is not applicable to the facts and circumstances of the
case, which will be discussed herein afterwards.