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IN THE HIGH COURT AT CALCUTTA
GAURANG KANTH
Bina Daga – Appellant
Versus
Chitrita Dey – Respondent
| Table of Content |
|---|
| 1. establishment of factual background and procedural history of the arbitration dispute. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. parties argument regarding limitation and jurisdiction for appointment of arbitrator. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. limitation period issues are to be determined by the arbitral tribunal. (Para 17 , 18 , 19 , 20 , 21) |
| 4. court exercises section 11(6) jurisdiction to appoint an independent arbitrator. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
JUDGMENT :
Gaurang Kanth, J.
1. The Petitioners have preferred the present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator for adjudication of the disputes and differences alleged to have arisen between the parties out of and in connection with the Agreement for Sale dated 27.03.2007.
2. The facts leading to the filing of the present petition are as follows:
3. The Petitioners entered into an Agreement for Sale dated 27.03.2007 with Respondent No. 1 as the vendors, the Petitioners as the purchasers, and Respondent No. 2 as the confirming party, in respect of purchase of a flat being Unit No. 3D, measuring about 2832 sq.f
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.
Arbitration requests must be filed within three years of the cause of action; failure to act in time bars subsequent petitions.
The main legal point established in the judgment is that issues of limitation and notice under Section 21 of the Arbitration and Conciliation Act, 1996, fall within the realm of admissibility issues ....
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