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ANAND PATHAK
Sharda Constuction – Appellant
Versus
Union of India – Respondent
JUDGMENT
1. The instant application has been preferred by the applicant under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of arbitrator.
2. Precisely stated facts of the case that applicant is a registered firm with the respondents and secured work at Air Force Station, Maharajpur (under the control of Chief Engineer, Air Force, Allahabad) in the month of August, 2006. Contract bearing CA No.CE(AF)/ALD/MHR/01 OF 2006-07 dated 18-08-2006 was awarded to the applicant for PROVN OF CERTAIN ACCN AND ALLIED SERVICES AT AF STN MAHARAJPUR. Work executed by the applicant was governed by the General Condition of Contract known as Indian Army Forms Work 2249 (hereinafter referred to as 'IAFW 2249'). Clause 70 of IAFW 2249 refers Arbitration.
3. As submitted, applicant successfully completed the awarded work on 21-10-2011 but in spite of successfully completing the work, respondents did not make payment of final bill to the applicant which was due w.e.f. 20-04-2012 i.e. six months after the date of completion of work in terms of condition of condition No.65 of General Condition of IAFW 2249. Being disgruntled, on 20-05-2015 (Annexure A/4) applicant issued final not
Claims withdrawn do not reset the limitation period; the original cause of action's date governs the timeliness of arbitration requests.
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 main legal point established in the judgment is that the limitation period for filing an application seeking appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation A....
The appointment of an Arbitrator should proceed if there is doubt about the subsistence of the disputes, and objections regarding claims should be left to be determined by the Arbitrator.
The main legal principle established is that the Court should not reject an application for appointment of an arbitrator at the threshold unless the claim is manifestly, ex-facie and hopelessly time-....
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