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IN THE HIGH COURT AT CALCUTTA
GAURANG KANTH
Bhagwan Das Kothari – Appellant
Versus
Chitrita Dey – Respondent
| Table of Content |
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| 1. establishment of factual background and procedural history of the arbitration dispute. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. petitioner argues for appointment of arbitrator under section 11(6) upon failure of consensus and ineligibility of named arbitrator. (Para 10 , 11 , 12) |
| 3. respondent contends arbitration request is barred by limitation and the claim is stale. (Para 13 , 14 , 15 , 16) |
| 4. referral court’s limited jurisdiction; evidentiary inquiry into claims limitation is for the arbitrator. (Para 17 , 18 , 19 , 20 , 21) |
| 5. satisfaction of conditions precedent for exercising jurisdiction under section 11(6) of the act. (Para 22 , 23 , 24 , 25 , 26) |
| 6. appointment of an independent arbitrator and reference of all issues including limitation to the tribunal. (Para 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 30.03.2015.
2. The facts leading to the filing o
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.
A new cause of action cannot revive an arbitration petition previously dismissed as barred by limitation; the original denial of the agreement remains effective.
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