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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT SRINAGAR
SANJAY DHAR
Ace Consultants – Appellant
Versus
J&K Projects Construction Corporation Limited – Respondent
JUDGMENT :
SANJAY DHAR, J.
1. By this common judgment, the afore-titled four arbitration petitions involving identical parties and common questions of law and fact are proposed to be decided together.
2. The petitioner, a proprietorship firm, has filed the present petitions under Section 11 (6) of the Arbitration and Conciliation, 1996 (hereinafter to be referred to as ‘Act’ seeking appointment of an independent arbitrator preferably a retired judge of this Court for adjudication of disputes that have arisen between the parties.
3. The subject matter of the arbitration petition No. 14 of 2025 is allotment order No. Mech XII/2518-22 dated 10.12.2012 relating to ‘Supply, Installation, Testing and Commissioning of Two No’s. G plus four 26 passenger bed lifts and one No. 400 kgs capacity G plus four dumb weightier at JLNM Hospital Rainawari Srinagar’. It has been submitted that whole of the amount due for the work done has not been released by the respondents and their outstanding claims have not been cleared so far. The petitioner has placed on record copy of certificate dated 21.10.2013 issued by respondent No. 3, which shows that in respect of the contract in question, the total cost of
Arbitration requests must be filed within three years of the cause of action; failure to act in time bars subsequent petitions.
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....
Claims withdrawn do not reset the limitation period; the original cause of action's date governs the timeliness of arbitration requests.
The court held that its review under Section 11(6) is limited to confirming the existence of an arbitration agreement, without delving into substantive disputes, which is for the Arbitrator to decide....
The referral court under Section 11 of the Arbitration and Conciliation Act must determine the prima facie existence of an arbitration agreement and appoint an arbitrator if satisfied.
(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 ....
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