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NAVIN CHAWLA
Ashok Kumar Bajoria – Appellant
Versus
Gail India Limited – Respondent
JUDGMENT
Navin Chawla, J. (Oral)--This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the `Act') seeking appointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Letter of Acceptance dated 29.04.2011 for `laying and construction of KCJP-GVK-Vemagiri Pipeline, Terminals and Associated Facilities in KG Basin'.
2. The learned counsel for the respondent, who appears on advance notice, submits that the present petition is barred by limitation inasmuch as the notice invoking arbitration was issued by the petitioner on 23.09.2016, while the present petition has been filed on or about 16.03.2023.
3. Placing reliance on the judgments of the Supreme Court in Bharat Sanchar Nigam Limited and Another v. Nortel Networks India Private Limited, (2021) 5 SCC 738 and Secunderabad Cantonment Board v. B. Ramachandraiah and Sons, (2021) 5 SCC 705, the learned counsel for the respondent submits that for filing of the present petition the period of limitation has to be determined in terms of Article 137 of the Limitation Act, 1963 (in short, `Limitation Act'), that is, the perio
The period of limitation for filing a petition seeking appointment of an Arbitrator is distinct from the period of limitation for the substantive claims made in the underlying commercial contract.
The main legal point established in the judgment is the interpretation of the limitation period for filing an application under Section 11(6) of the Arbitration Act, as clarified by the Supreme Court....
Arbitration requests must be filed within three years of the cause of action; failure to act in time bars subsequent petitions.
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.
(1) Limitation Act, 1963 would apply to arbitrations as it applies to proceedings in court.(2) Appointment of Arbitrator – Limitation period for making an application seeking appointment of Arbitrato....
The court's decision was influenced by the application of the prima facie test to determine the time-barred nature of the substantive claim and the justifiability of declining reference to arbitratio....
The main legal point established in the judgment is that an application for appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 is subject to the time limitati....
The arbitration application under Section 11(6) was not barred by limitation as it was filed within three years from the date of notice invoking arbitration, factoring delays linked to the Covid-19 e....
The main legal point established in the judgment is that the limitation for filing an application under Section 11 of the Arbitration Act arises upon the failure to make the appointment of the arbitr....
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