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JAMMU AND KASHMIR AND LADAKH HIGH COURT
Tashi Rabstan, C. J.
Mir Sons Constructions Pvt. Ltd. (M/s.) Srinagar v. Union Territory of J and K
| Table of Content |
|---|
| 1. introduction of the dispute and request for arbitration. (Para 1 , 2 , 3 , 4 , 5) |
| 2. court's observations on limitation status. (Para 6 , 10 , 12 , 13 , 14) |
| 3. arguments presented by both parties regarding maintainability. (Para 7 , 8 , 9) |
| 4. ratio on limitation under arbitration law. (Para 21 , 22) |
| 5. final decision regarding dismissal based on limitation. (Para 24 , 25) |
1. The instant petition has been filed by the petitioner seeking appointment of an arbitrator by invoking S.11(6) of the Arbitration and Conciliation Act, 1996 (for short the 'Act').
2. It is averred in the petition that the petitioner being a Private Ltd. Company duly incorporated under the Indian Companies Act of 1956, after having competed in the tendering process initiated by the respondents, was allotted a contract, Construction of Additional Office Accommodation at Old Secretariat Srinagar, vide allotment order No.15612-16 dated 26.11.1992. After allotment of the contract in favour of the petitioner, it is stated that the petitioner complied with the terms and conditions of the allotment order, submitted the bank guarantee and also dumped material and machinery on spot for execution of the wor
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