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PRATHIBA M. SINGH
Cgmp Pharma N Plans Private Limited – Appellant
Versus
Hys Lifecare Llp – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter, `the Act') for appointment of an Arbitrator. The dispute arises out of a contract between the parties in regard to services for Concept, Basic, Detailed Engineering, Qualification & Validation Services for New Formulations Facilities (pharmaceutical facilities) at Ahmedabad.
3. The case of the Petitioner is that even though the project was not expressly terminated by the Respondent, the Petitioner had various outstanding payments which were to be made. An email dated 4th July, 2019 was written to the Respondent mentioning that the total outstanding amount is for Rs.1,04,85,000/-. This amount, despite repeated reminders, has not been cleared by the Respondent. In addition, ld. Counsel for the Petitioner submits that in this sector, it is usual for the contracts to be extended for several years considering the nature of the contract.
4. On the question of limitation, ld. Counsel has relied upon a chart of payment which shows that the last payment was received on 31st January, 2019. Howev
The Court's decision emphasized the need for further consideration of facts and the applicability of the period of limitation in the appointment of an Arbitrator.
The main legal point established in the judgment is the application of the Limitation Act, 1963 to arbitration proceedings and the significance of acknowledging claims to extend the period of limitat....
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 issue of limitation is a matter for the Arbitrator to decide, and disputes should be referred to the Arbitrator for resolution.
The impact of the Covid-19 pandemic on the limitation period for invoking arbitration under the Arbitration and Conciliation Act, 1996.
The limitation period for filing an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 is governed by Article 137 of the Limitation Act, and the claims must be alive at the....
The appointment of an Arbitrator should proceed if there is doubt about the subsistence of the disputes, and objections regarding claims should be left to be determined by the Arbitrator.
The court established that the issue of limitation can be raised before the arbitral tribunal, and the appointment of an arbitrator for resolving disputes under the contract is in accordance with the....
Arbitration requests must be filed within three years of the cause of action; failure to act in time bars subsequent petitions.
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