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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH
Shanthi – Appellant
Versus
Senior Regional Manager Retail RO, Hindustan Petroleum Corporation Limited – Respondent
ORDER :
N. Anand Venkatesh, J.
This petition has been filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (for the sake of brevity, hereinafter referred to as 'the Act') to decide the dispute that has arisen between the parties under the Dealership Agreement dated 25.02.2015.
2. When this petition came up for hearing on 10.12.2025, this Court passed the following order:
This petition has been filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as the Act] to appoint an arbitrator to resolve the dispute arising out of the Dealership Agreement dated 25.02.2015.
2. The agreement provides for referring the dispute for Arbitration under clause 66 and the same is extracted hereunder:-
66. ANY DISPUTE OR DIFFERENCE OF ANY NATURE WHATSOEVER OR REGARDING ANY RIGHT, LIABILITY, ACT, OMISSION OR AGCOUNT OF ANY OF THE PARTIES HERETO ARISING OUT OF OR IN RELATION TO THIS AGREEMENT (OTHER THAN THOSE IN RESPECT OF WHICH THE DECISION OF ANY PERSON, IS BY THE AGREEMENT, EXPRESSED TO BE FINAL AND BINDING) SHALL BE REFERRED TO THE SOLE ARBITRATION OF THE CHAIRMAN AND MANAGING DIRECTOR OF THE CORPORATION OR SOME OFFICER OR RETIRED OFFICER O
The Limitation Act, 1963 applies to arbitration proceedings, allowing for appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, within three years from the right t....
The main legal point established in the judgment is that an application filed under Section 11(6)(C) of the Act, 1996 is barred by limitation if filed after a delay of more than the period of three y....
Arbitration requests must be filed within three years of the cause of action; failure to act in time bars subsequent petitions.
(1) Limitation Act, 1963 would apply to arbitrations as it applies to proceedings in court.(2) Appointment of Arbitrator – Limitation period for making an application seeking appointment of Arbitrato....
The court's decision was influenced by the application of the prima facie test to determine the time-barred nature of the substantive claim and the justifiability of declining reference to arbitratio....
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 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.
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