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PUSHPENDRA SINGH BHATI
Philips India Limited, Through Its Authorised Signatory Mr. Rishi Raj Gupta, S/o. J. P. Gupta – Appellant
Versus
S. N. Medical College – Respondent
JUDGMENT :
1. The instant arbitration application has been filed by the applicant-Company under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘Act of 1996’) claiming the following reliefs :-
a. Appoint a Sole Arbitrator to adjudicate the claims of the Petitioner under the Tender dated 29 March 2013 and Supply Orders dated 02 November 2013; and
b. Pass such other order or further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case in favour of the Petitioner.”
2. Brief facts of the case, as placed before this Court by Mr.Vikas Balia, learned Senior Counsel assisted by Mr. Abhishek Mehta, appearing on behalf of the applicant-Company, are that the respondent no. 1 floated an online notice dated 29.03.2013 inviting tender for procurement of medical equipment bearing no. F.6 () S/MC/JU/2013-14. The equipments sought vide the tender in question were 1 magnetic resonance imaging system (MRI) and 2 CT scanners.
2.1. The applicant submitted its bid, whereafter the applicant was declared as L-1 o
(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 ....
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....
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.
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.
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