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PRASHANT KUMAR MISHRA
Brave Lions India Security Services, Visakhapatnam – Appellant
Versus
Chief Executive of Central Marketing Organisation, Steel Authority of India Limited, New Delhi – Respondent
ORDER :
In this application under Section 11 (5) & (6) of the Arbitration and Conciliation Act, 1996 (for short, “the 1996 Act”), the applicant prays for appointment of an arbitrator for adjudication of disputes between the parties arising out of work order dated 06.11.2011 issued to the applicant by the respondents. The nature of work under the said work order was to eliminate pilferage of imported coking coal/coke during transit from stockyards at Visakhapatnam Port Trust and Gangavaram Port Trust to Bokaro Steel Plant (BSL), Durgapur Steel Plant (DSP), Rourkela Steel Plant (RSP), Bhilai Steel Plant (BSP), ISP Steel Plant (ISP) and Durgapur Projects Limited (DPL).
2. According to the applicant, problem started during execution of the contract when the respondents stopped paying the bills raised by the applicant and despite request, respondents did not make payment, constraining it to file O.S.No.847 of 2014 on the file of the Metropolitan Sessions Judge-cum-I Additional District Judge, Visakhapatnam for recovery of the bill amounts, for which the respondents raised objection as to the maintainability referring to the arbitration clause in the work order. The District Judge passed a
The limitation period for filing an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 is governed by Article 137 of the Limitation Act, and the claims must be alive at the....
The main legal point established in the judgment is the application of limitation laws and the categorization of cases as dead wood in determining the eligibility for appointment of an arbitrator.
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....
An application under Section 11 for appointment of an arbitrator is time-barred if filed after three years from the refusal to appoint, with delays not justified.
The main legal point established in the judgment is that the limitation for filing an application under Section 11 of the Arbitration Act arises upon the failure to make the appointment of the arbitr....
The main legal point established in the judgment is that an application for appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 is subject to the time limitati....
Arbitration requests must be filed within three years of the cause of action; failure to act in time bars subsequent petitions.
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