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IN THE HIGH COURT AT CALCUTTA
GAURANG KANTH
Blue Horizon Estates Private Limited – Appellant
Versus
Ashish Dhandhania – Respondent
| Table of Content |
|---|
| 1. factual background regarding arbitration petition for conveyance deed execution. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. contentions regarding limitation and maintainability of arbitration reference. (Para 8 , 9 , 10 , 11 , 12) |
| 3. clarification of referral court's limited scope regarding limitation of underlying claims. (Para 13 , 14 , 15 , 16 , 17) |
| 4. verification of statutory prerequisites for appointment of arbitrator under section 11(6). (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 5. appointment of sole arbitrator and directions for arbitral proceedings. (Para 24 , 25 , 26) |
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 23.07.2012.
2. The facts leading to the filing of the present petition are as follows.
3. The Petitioners entered into an Agreement for Sale dated 23.07.2012 with Respondent No. 1 as the vendor, Respondent No. 2 as the Developer and Confirming Party, and Respondent No. 3 as the
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 court affirmed that an arbitration agreement can be enforced despite issues of insufficient stamping, and clarified the applicable limitation period for arbitration applications.
The existence of an arbitration agreement continues even after the dissolution of a partnership firm, and the right to sue accrues when a party abandons efforts for settlement, from which the limitat....
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