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created Nov 12th, 08:49 by entertainmentBabaji
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The counterclaim for the cost of repair/ replacement of gearboxes and fan modules was rightly rejected by the arbitral tribunal as barred by limitation as regarding it there was no recital in the minutes of meeting dated 19 April 2018. Moreover, it was not intertwined with the claim for the balance amount as the cause of action for the two were different. One arose from supply and erection, and the other arose subsequently, post commissioning/ completion of the project, on account of alleged defect in the material supplied. Learned counsel for the applicants submits that the applicants are reputed person in the society and they have been falsely implicated in the present case due to rivalry. He further submits that the impugned proceedings pending before the learned trial court are totally arbitrary and illegal and the same have been instituted without considering the material evidence available on record. Thus, he submits that entire criminal proceedings initiated against the applicants may be quashed. Learned counsel for the applicants also prays for permission to appear through counsel before the concerned trial court within a period of three weeks from today and move an application claiming discharge on behalf of the applicants and this Court may direct the trial court to decide the application so moved by the applicants. Learned A.G.A. has disputed the aforesaid contentions made by learned counsel for the applicants but he has not opposed the request made by learned counsel for the applicants to move a discharge application before the trial court through counsel. All the contentions raised by the applicants' counsel relate to disputed questions of fact. The court has also been called upon to adjudge the testimonial worth of prosecution evidence and evaluate the same on the basis of various intricacies of factual details which have been touched upon by learned counsel. The veracity and credibility of material furnished on behalf of the prosecution has been questioned and false implication has been pleaded. In the process of invoking its inherent jurisdiction, this court cannot be persuaded to have a pre trial before the actual trial begins. The submissions
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