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REKHA BORANA
M. M. Enterprises through its Partner Shri Mohammad Majhar S/o Late Shri Abdul Vahid – Appellant
Versus
Hindustan Zinc Ltd. – Respondent
ORDER :
REKHA BORANA, J.
1. The present application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act of 1996’) has been preferred for appointment of an independent and impartial sole arbitrator.
2. The facts as submitted are as under:
(ii) As per the work order, 3,12,000 M.T. work was to be carried out every year and 90% of the said completed work i.e. 2,80,000 M.T. was payable. But, an amount for only 2,65,000 M.T. work was paid to the contractor which became one of the causes of dispute between the parties.
(iii) The work order was stipulated for a period of three years i.e. from 01.02.2013 to 31.01.2016 but the same was terminated four months prior to th
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 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....
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 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 Arbitration and Conciliation Act requires strict adherence to limitation periods for the appointment of arbitrators; delays exceeding three years render petitions ex-facie time-barred.
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