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PUSHPENDRA SINGH BHATI
Kailash Chand Gian Chand Jain, Through Its Proprietor Gian Chand Jain – Appellant
Versus
Union Of India, Through General Manager North Western Railway – Respondent
JUDGMENT :
1. The instant arbitration application has been filed by the applicant-Firm under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘Act of 1996’) claiming the following reliefs:-
Any other order, which may kindly be deem, fit and proper may kindly be passed in favour of the petitioner.”
2. The respondents issued the tender for civil works pertaining to zone-II, i.e. filing, cutting, widening, raising etc. from KM 1/0 to KM 50/0 in c/w gauge conversion project of Jodhpur-Jaisalmer. The contract was executed between the applicant and the respondent no.2 on 20.09.1994. The tentative date for completion of the work was stipulated as 11.01.1995, but after extension, the work in question was completed on 31.05.1996, and that, the respondent no.4 vide letter dated 22.02.1997 issued the satisfactory performance certificate.
2.1 The final bill has been paid
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 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....
The main legal point established in the judgment is that the limitation period for filing an application seeking appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation A....
(1) Period of limitation to file application under Section 11 of Arbitration and Conciliation Act, 1996 is 3 years’ from date of refusal to appoint Arbitrator, or on expiry of 30 days’, whichever is ....
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.
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