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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
K.K. Enterprises – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
SANJAY DHAR, J.
01. By this common judgment the afore-titled two arbitration petitions involving identical parties and common questions of law and fact are proposed to be decided together.
02. The petitioner-firm has filed the present petitions under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter to be referred to as “Act”) seeking appointment of an arbitrator for adjudication of disputes that have arisen between the parties.
03. Pleadings of Arb. P No. 98 of 2025
3.1 As per case of the petitioner-firm, pursuant to tender floated by respondent No. 1 through respondent No. 3, its bid was declared as successful and vide letter No. 8818/68/E8 dated 23.03.2007, the contract relating to “repair of internal electrification in certain buildings in 213 Transit Camp at Jammu” for an amount of Rs. 4,39,311.86 was allotted in his favour. It is case of the petitioner that an agreement came to be executed between it and respondent No. 1 through respondent No. 3. The date of commencement of work was 29.03.2007 with date of completion as 28.09.2007.
3.2 According to the petitioner, the site was handed over to it in part on 29.03.2007 whereafter the work was complete
Arbitration requests must be filed within three years of the cause of action; failure to act in time bars subsequent petitions.
The Limitation Act, 1963 applies to arbitration claims; an application for an arbitrator appointment must be made within three years from when the right to apply accrues, otherwise, it is time-barred....
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.
The Chief Justice can appoint arbitrators under Section 11 of the Arbitration Act and determine issues of jurisdiction and validity of claims, while disputes over notification receipt are left for re....
Failure to appoint an arbitrator within the agreed timeframe under Arbitration Agreement allows the court to intervene and appoint an arbitrator under Section 11(6) of the Arbitration and Conciliatio....
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....
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