SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2012 Supreme(Cal) 203

SANJIB BANERJEE
Mackintosh Burn Ltd. – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates appeared:
Sumita Mukherji, Samrat Sen

Judgment

1. THE request under Section 11(6) of the Arbitration and Conciliation Act, 1996 cannot be entertained since it does not appear that there is any live claim to be taken to an arbitral reference.

2. THE petitioner furnishes the following facts:-

i) That the work was completed by the petitioner by or about December, 2001;

ii) That the final bill along with third R.A. bill was raised by the petitioner on the respondents on or about April 30, 2002;

iii) That an interest bill was submitted on August 17, 2004 seeking interest at 15% per annum from January 21, 2002 against the outstanding amount covered by the third R.A. and final bill. Upon a point of limitation being urged, the petitioner refers to a letter dated May 19, 2008 issued by the office of the Howrah Zilla Parishad which, according to the petitioner, would be an acknowledgement of the jural relationship between the parties within the meaning of Section 18 of the Limitation Act, 1963 for a fresh period of limitation to be reckoned therefrom. However, the rule in Section 18 of the Limitation Act is that a fresh period of limitation will begin upon there being an acknowledgement within the meaning of that section within the


Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top