STATE OF GOA Vs. LAXMIKANT D NAIK KARMALI

JUDGEMENT

(1.) WITH the consent of the Advocates appearing for the parties, the matter was taken up for final disposal.

(2.) THIS appeal is preferred against the order dated 1st July, 2009 passed by District Judge, South Goa, Margao in Arbitration Application no.30/2008 dismissing the application under Section 34 of the Arbitration and Conciliation Act, 1996 ('The Act' for short) on the ground that the same was barred by limitation.

(3.) MR. Salkar, learned Additional Government Advocate for the appellant fairly conceded that the application under Section 14 of the Limitation Act ought to have been filed before the District Judge, South Goa, Margao. He further submitted that on account of wrong advice, the application was filed without filing an application seeking exclusion of time. He, therefore, sought leave to file an application for exclusion of time. He further submitted that the impugned order be set aside with liberty to the appellant to file an application seeking exclusion of time taken before the District Judge, North Goa, Panaji, which had no jurisdiction to entertain the application. Mr. Salkar submitted that serious prejudice would be caused to the appellant in as much as the appellant has very good case on merits and in the event the impugned order is upheld, serious prejudice will be caused to the appellant- State of Goa.