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IN THE HIGH COURT AT CALCUTTA
GAURANG KANTH
Pramod Kumar Neotia – Appellant
Versus
Swastik Project Private Limited Company – Respondent
| Table of Content |
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| 1. establishing the factual matrix and procedural history of the arbitration invocation. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. parties' contentions regarding the scope of judicial inquiry into limitation at the pre-arbitral reference stage. (Para 8 , 9 , 10 , 11 , 12) |
| 3. referral courts must not perform intricate evidentiary inquiries into limitation; this is reserved for the arbitrator. (Para 13 , 14 , 15 , 16 , 17) |
| 4. exercise of jurisdictional power under section 11(6) to appoint an arbitrator where prerequisites are met. (Para 18 , 19 , 20 , 21 , 22) |
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 05.11.2008.
2. The facts leading to the filing of the present petition are as follows.
3. Petitioner No. 1, entered into an Agreement for Sale dated 05.11.2008 with Respondent No. 1, Swastik Project Private Limited, as the Developer and transferor, and Respondent No. 2, Chitrita Dey, in respec
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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