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2000 Supreme(Del) 706

S.K.AGARWAL
PARMESHRI DASS AND SONS – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Ashok Bhasin, ATUL BATRA, D.P.SHARMA, Sandip Sharma

S. K. Agarwal

( 1 ) THIS petition under Section 20 of the Arbitration Act, 1940 (for short the Act) seeking directions to the respondents to file the arbitration agreement in the Court and for reference of the disputes to the Arbitrator to be appointed as per terms of the contract, raises the question whether the petition was filed within three years from the date when the cause of arbitration arose, the limitation prescribed under Article 137 of the Limitation Act, 1963 ?

( 2 ) THE petitioner filed the above petition alleging therein that it is a registered partnership firm. The respondents invited tenders for execution of the work named "provision of MT complex and Misc. Accn. for RRH at Delhi Cantt". The petitioner s tender was accepted. The contract documents were duly signed. The work was to commence on 17th December, 1991. Stipulated date of completion was 16th June, 1993 (18 months); General conditions of the contract provided for Settlement of all claims and disputes between the parties arising out of the contract by way of arbitration under Clause 70 of the contract. The petitioner mobilised resources and material, and completed the work despite several hindrances on 31st Ja


















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