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B. VIJAYSEN REDDY
Extreme Commercials LLP – Appellant
Versus
United Traders – Respondent
ORDER :
B. Vijaysen Reddy, J.
1. This application is filed seeking to appoint a sole arbitrator to adjudicate the disputes between the applicant and the respondent in terms of the contract agreement dated 10.06.2017.
2. The case of the applicant is that it has entered into agreement dated 10.06.2017 (hereinafter referred to as 'the agreement') to facilitate the respondent to secure the order in the tender floated by the Commissioner of School Education, Government of Andhra Pradesh, Vijayawada under Tender No.CSCE-MDM/100. That as per Clause 2 of the terms of the agreement, the respondent shall pay a share of profit to the applicant at the rate of 2% on the total value of the contract awarded to the respondent in the above tender. It is submitted that accordingly, the applicant made all efforts for securing the contract by the respondent through various modes. Due to the efforts of the applicant, respondent was awarded the contract by the School Education Department vide order dated 28.06.2017 and the respondent was allotted 35% of the total contract for supply of eggs under MDM scheme and ICDS scheme to Visakhapatnam, West Godavari, Kadapa and Kurnool Districts. As per the agreement,
The determination of limitation in arbitration claims is a mixed question of law and fact, and should be decided by the arbitrator, not dismissed at the threshold.
The main legal point established in the judgment is the application of the Limitation Act, 1963 to arbitration proceedings and the significance of acknowledging claims to extend the period of limitat....
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-....
Claims withdrawn do not reset the limitation period; the original cause of action's date governs the timeliness of arbitration requests.
An application for arbitration is barred by limitation if filed beyond the three-year period stipulated, starting from the date the cause of action arose as determined by prior communications.
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....
Court held that arbitration requests are barred by limitation due to delayed notices, precluding referral for arbitration.
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