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SANJAY KUMAR, K. VINOD CHANDRAN
State of West Bengal – Appellant
Versus
B. B. M. Enterprises – Respondent
| Table of Content |
|---|
| 1. issue of notice and initiation of arbitration (Para 1) |
| 2. reliance on precedents by both parties (Para 2) |
| 3. limitation issues in arbitration claims (Para 3 , 4) |
| 4. application of limitation act to arbitration (Para 5 , 6) |
| 5. contractor's duty to initiate claims (Para 7) |
| 6. order to set aside arbitration (Para 8) |
| 7. disposal of pending applications (Para 9) |
ORDER :
1. The neat question arising in the above case is as to whether a notice seeking commencement of arbitration, issued on 02.06.2022, could set in motion the process of resolution of a dispute regarding a work completed as early as on 30.07.2000. The High Court dealing with the application under Section 11 found from the agreement that there is an ambiguity in Clause 7 which requires the final bill to be submitted by the contractor within one month from the date fixed for completion of work dehors which the Engineer-in-Charge is competent to issue a certificate of measurement and the total amount payable for the work, which shall be final and binding on all parties. Since no such certificate was issued by the Engineer concerned and the communication of 04.01.2001 produced as Annexure P9, speaks only of a part pa
A notice seeking arbitration issued 22 years after the completion of work is time-barred, underscoring the need for timely claims in arbitration proceedings.
Arbitration requests must be filed within three years of the cause of action; failure to act in time bars subsequent petitions.
The Limitation Act, 1963 applies to arbitration claims; an application for an arbitrator appointment must be made within three years from when the right to apply accrues, otherwise, it is time-barred....
Claims for arbitration must be raised promptly upon accrual of rights; failure to do so results in dismissal due to limitation.
The main legal point established in the judgment is the application of the Limitation Act, 1963 to arbitration proceedings and the significance of acknowledging claims to extend the period of limitat....
Arbitrator cannot be appointed on a stale claim.
The arbitration application under Section 11(6) was not barred by limitation as it was filed within three years from the date of notice invoking arbitration, factoring delays linked to the Covid-19 e....
The Arbitration and Conciliation Act requires strict adherence to limitation periods for the appointment of arbitrators; delays exceeding three years render petitions ex-facie time-barred.
The main legal point established in the judgment is the interpretation of the limitation period for filing an application under Section 11(6) of the Arbitration Act, as clarified by the Supreme Court....
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