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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
SANJAY KUMAR MEDHI
Ishvakoo (India) Pvt. Ltd. – Appellant
Versus
State Urban Development Agency – Respondent
JUDGMENT & ORDER :
SANJAY KUMAR MEDHI, J.
The instant petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (Act) for appointment of an Arbitrator.
2. I have heard Shri Abhinav Prakash, learned counsel for the petitioner appearing online. I have also heard Ms. G. Ete, learned State Counsel, A.P. as well as Shri G. Tarak, learned counsel for the respondent no. 2.
3. Shri Prakash, learned counsel for the petitioner has submitted that though the connected work had started in November, 2011, due to certain factors beyond the control of the petitioner, the same could not be executed. He has drawn the attention of this Court to a communication dated 26.06.2017 issued by the respondent no. 1 demanding refund of a huge amount which was replied to by the petitioner. Reference has also been made to a communication dated 26.12.2017 whereby, a request was made for adjudication of the dispute through arbitration which was a part of the Agreement dated 17.02.2010. He has added that if the notice seeking arbitration is taken to be the date from which the limitation would apply, the limitation would be there till 25.12.2020. However, in between there was the interve
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 the interpretation of the limitation period for filing an application under Section 11(6) of the Arbitration Act, as clarified by the Supreme Court....
(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 limitation period for seeking the appointment of an arbitrator begins only after a valid notice invoking arbitration is issued, and failure to appoint forfeits the right to do so.
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....
Claims for arbitration must be raised promptly upon accrual of rights; failure to do so results in dismissal due to limitation.
The court affirmed that an arbitration application under Section 11(6) was timely due to the COVID-19 limitation extension and upheld the validity of the arbitration mechanism despite amendments rend....
The court clarified that post-2015 amendments, its role under Section 11 is limited to verifying the existence of an arbitration agreement, with other issues, including limitation, to be resolved by ....
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