Judgment

K. RAMASWAMY, J.:- These three Special Leave Petitions arise out of Arbitration Agreement said to be executed by the petitioner on May 27, 1978 which provided that the petitioner had to execute the work within 9 months. It is his claim that while executing the work he sent the bills on July 12, 1979 but payment was not made. For the first time he sent notice on Nov. 28, 1989 to the respondent for reference to the arbitration. On receipt thereof, the respondent filed an arbitration suits in the Calcutta High Court under Ss. S. 12 and 33 of the Arbitration Act, 1940 for short the Act. The learned single Judge held that the claim was hopelessly barred by limitation. There was no proof that the petitioner had sent any claim in July, 1979. Since the claim was made long after 10 years the arbitration cannot be proceeded with. Accordingly finding that it to be an exceptional case for interference, the learned single Judge cancelled the arbitration clause 68 of the contract in matters Nos. 1326, 1364 and 1365/90 dated November 23, 1990. On further appeals the Division Bench by its order dated December 18, 1992 it, Appeal Nos. 104/90 etc. dismissed the appeals. Thus these special le