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IN THE HIGH COURT AT CALCUTTA
SHAMPA SARKAR
Kamini Ferrous Limited – Appellant
Versus
Om Shiv Mangalam Builders Private Limited – Respondent
JUDGMENT :
Shampa Sarkar, J.
1. This is an application under section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said Act). The arbitration clause is contained in the agreement dated April 13, 2012. Clause 14 of the said agreement provides that any dispute or difference between the parties, relating to or arising out of the said agreement or any act, deed or proceeding done or to be done in pursuance of the said agreement, shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration shall be held at Kolkata and shall be in English language.
2. Mr. Rudraman Bhattacharya, learned senior Advocate for the petitioner submitted that the respondent no. 1 was a Company. The respondent no. 2 was the Director of the respondent no. 1. The respondents entered into a development agreement with the petitioner. A sum of Rs. 1 crore was the total consideration payable for two flats on the third floor of the proposed building along with two car parking spaces, as described in the Schedule of the said agreement. Although, the payment was made on April 13, 2012, no formal agreement was executed
The court recognized that arbitration agreements are binding and disputes regarding time-bar claims should be determined by the arbitrator, given the circumstances of the parties' ongoing negotiation....
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....
The court emphasized the importance of invoking arbitration within a reasonable time and held that delay in invoking the arbitration clause can render the application time-barred.
A valid contract for specific performance must have certainty regarding price, parties, property, and terms; lack of clarity renders the agreement void.
(1) Appointment of Arbitrator – Limitation – There is a fine distinction between plea that claims raised are barred by limitation and plea that application for appointment of Arbitrator is barred by ....
The existence of ongoing disputes under a Joint Development Agreement validates the invocation of arbitration clauses despite assertions of limitation, confirming the agreement's subsistence.
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