ORDER

Date : 21.09.2022 Heard Mr. T. R. Sen, learned counsel appearing on behalf of Mr. A. Sarma, learned counsel for the petitioner. Also heard Mr. R. S. Mishra, learned counsel for the respondent.

2. The present petition has been filed by the petitioner seeking for appointment of an Arbitrator in terms of Clause 21 of the Contract dated

11.02.2014 between the parties.

3. This application however, has been resisted by the respondent, on the ground that the matter relates to a time barred claim, and as such, in respect of a time barred case, the question of appointment of an Arbitrator does not arise.

4. In order to appreciate the arrival contentions, it may be apposite to refer to the facts of the case in brief.

5. The petitioner is a Public Enterprise, registered under the Companies Act, 1956, engaged in the business of exploration, development and production of crude oil and Natural gas, transportation of crude oil and LPG.

6. The petitioner company entered into a contract with the respondent M/s North East Drilling & Workover Services Co. Pvt. Ltd. for Operation and Maintenance of 1 (one) No. Drilling Rig for a period four (4) years at a total contract cost of Rs. 6,71,22,293.21 (Rupe