CR No.7884 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.7824 of 2009 (O&M) Decided on : 10-09-2010 Punjab State Electricity Board ....Petitioner VERSUS M/s Sutlej Construction Limited ....Respondent CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. H.S.Sidhu,Advocate for Dr.P.K.Sekhon, Advocate for the petitioner. MAHESH GROVER, J The grievance of the petitioner as raised in this petition has already been answered in a similar controversy which was raised by the Punjab State Electricity Board in C.R. No.7635 of 2009 decided on 16.8.2010. For the reasons which have been stated therein and also for the reason that no distinction has been made qua the facts of the present case as against the facts of the case already decided, I am of the considered opinion that the instant petition deserves to be dismissed on the parity of the reasoning given in CR No.7635 of 2009. One of the objections of the petitioner before the Arbitrator was that claim was time barred which objection ought to have been raised before the learned Court dealing with the matter under Section 20 of the Indian Arbitration Act before a reference has been made. After the reference, the Arbitrator had CR No.7884 of 2009 (O&M) 2 no option but to decide the case on merits as it could not have been entered upon the question of limitation. Similarly the question of termination of contract and compensation arising therefrom as determined by the Arbitrator is also not an infirm finding because of the reason that the Board itself had taken a decision to terminate the contract. Therefore, the revision petition is covered on al l fours by the terms of the decision in C.R No.7635 of 2009 . Hence, dismissed. September 10, 2010 (Mahesh Grover) rekha Judge