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IN THE HIGH COURT AT CALCUTTA
SHAMPA SARKAR
Kamini Ferrous Limited – Appellant
Versus
Om Shiv Mangalam Builders Private Limited – Respondent
| Table of Content |
|---|
| 1. arbitration clause outlined in agreement. (Para 1) |
| 2. details of transaction and failure to perform. (Para 2 , 3) |
| 3. debate on validity of arbitration agreement. (Para 4 , 7) |
| 4. extension of time inferred from conduct. (Para 5) |
| 5. limitation issues and claim timeliness. (Para 6 , 8) |
| 6. court's analysis of arbitration agreement's implications. (Para 9 , 10 , 12) |
| 7. guidance on limitation under section 11. (Para 11 , 13 , 14) |
| 8. ruling on application and arbitration process. (Para 15) |
| 9. appointment of arbitrator and conclusive order. (Para 16) |
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 Engl
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.
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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