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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE SUDESH BANSAL, J
Kone Elevators India Private Limited – Appellant
Versus
Parth Infratech Private Limited – Respondent
| Table of Content |
|---|
| 1. dispute over work order (Para 1 , 2 , 3) |
| 2. claim of balance amount (Para 4) |
| 3. issue of limitation (Para 5) |
| 4. mixed question of fact and law (Para 6) |
| 5. limited jurisdiction of referral court (Para 7 , 8 , 9) |
| 6. arbitration application allowed (Para 10) |
| 7. appointment of sole arbitrator (Para 11 , 12 , 13 , 14 , 15 , 16) |
ORDER :
1. This is an arbitration application, which has been filed under Section 11(5) & (6) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator to resolve the dispute arisen between the parties out of the work order dated 29.12.2014. The copy of work order dated 29.12.2014 is available on record as Annexure-2 enclosed with the arbitration application which incorporates arbitration agreement in Clause 22 and 23 ad infra:-
"22. In the event of difference of dispute arising out of, under or in connection with this agreement, over the rights of obligation of parties hereto, the dispute or difference shall be referred to the Arbitration of an Arbitrator to be appointed on mutual agreement and provisions of the Arbitration and Conciliation Act 1996 shall be applicable to such Arbitration.
23. In case of any legal dispute, the juris
The referral court's role under Section 11 of the Arbitration Act is limited to confirming the existence of an arbitration agreement, while substantive issues, including limitation, are to be resolve....
The High Court's jurisdiction under Section 11(6) of the Arbitration and Conciliation Act is limited to confirming the existence of an arbitration agreement, while issues of claims and limitations ar....
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 court ruled that issues of limitation and jurisdiction are to be determined by the arbitrator, not by the court at the pre-reference stage under Section 11 of the Arbitration and Conciliation Act....
. In the absence of any demand with specific reference to the work order, it is not possible to determine what is the disputed amount with regard to the work order
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....
In a rare and exceptional case where claims are ex facie time barred and it is manifest that there is no subsisting dispute, Court may refuse to make a reference.
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