JUDGMENT :

JASGURPREET SINGH PURI, J.

1. The present application has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) seeking appointment of an independent Arbitrator to adjudicate the disputes and differences which have arisen between the parties.

2. The respondents were proceeded against ex-parte on 08.12.2025 and the matter was fixed for arguments. Even today, none has appeared on behalf of the respondents.

3. Learned counsel for the applicant has advanced his submissions before this Court today.

4. Learned counsel for the applicant submitted that there was an agreement in the nature of a contract of engagement between the parties vide Annexure P-1 dated 30.01.2013, which contains an arbitration clause i.e. Clause 20. He submitted that in the year 2018, instead of invoking the aforesaid arbitration clause, the applicant filed a civil suit for recovery against the respondents and in the aforesaid civil suit, the respondents filed an application under Section 8 of the Act seeking rejection of the plaint on the ground of existence of an arbitration clause. The said application under Section 8 of the Act was allowed by the learned Civil Judge (Junior Division), Gurdaspur on 20.12.2021 vide Annexure P-3. He further submitted that thereafter, the applicant issued a legal notice dated 07.06.2022 (Annexure P-4) to the respondents invoking the arbitration clause and the said notice was sent through registered post, regarding which the postal receipts are also attached along with the aforesaid legal notice. However, no response was received from the respondents in this regard.

5. Learned counsel for the applicant submitted that thereafter, on being wrongly advised by the counsel, the applicant filed an application before the learned Civil Judge (Junior Division), Gurdaspur on 28.03.2023 in the aforesaid civil suit, which was dismissed because of the existence of an arbitration clause and the application which was filed by the applicant on the aforesaid date i.e. 28.03.2023 was for restoration of the aforesaid suit for recovery as the respondents had not responded to the aforesaid legal notice, by which the applicant had invoked the arbitration clause. The said application for restoration filed by the applicant before the learned Civil Judge (Junior Division), Gurdaspur was dismissed vide order dated 09.10.2024 (Annexure P-5) on the ground that no case for restoration was made out as it has been concluded that the dispute between the parties is covered by the arbitration agreement and it was further observed by the learned Civil Judge (Junior Division), Gurdaspur that the remedy with the applicant is to approach the High Court for appointment of an Arbitrator under Section 11 of the Act.

6. Mr. Mahajan further submitted that although it is a settled law that the period of limitation for filing the arbitration case under Section 11 of the Act is three years from the date of issuance of notice invoking arbitration under Section 21 of the Act and in the present case, notice was issued on 07.06.2022 vide Annexure P-4, whereas the present arbitration case has been filed on 05.08.2025, which was beyond the period of three years but still the present arbitration case is maintainable and is not hit by limitation in view of the fact that the time spent by the applicant in bona fide prosecution of the application for restoration of the civil suit from 28.03.2023 to 09.10.2024 is liable to excluded from the total period of limitation under the provisions of Section 14 of the Limitation Act since Section 14 of the Limitation Act is undoubtedly applicable to the arbitration proceedings and in this way, the present arbitration case is within the period of limitation of three years.

7. I have heard the learned counsel for the applicant.

8. Some of the relevant dates, as so stated by the learned counsel for the applicant, are undisputed and are tabulated below:-