Claims for arbitration must be instituted within the limitation period as mandated by law.

ORAL ORDER

In this petition, the petitioner has sought for appointment of an Arbitrator under Section 11 (6) of the Arbitration and Conciliation Act , 1996.

2. Heard Smt.Jyothi S.K, learned counsel appearing for the petitioner, and Sri Lohitaswa Banakar, learned counsel appearing for the respondent.

3. Smt.Jyothi S.K, learned counsel appearing for the petitioner submitted with reference to Clause 7.2 of the Joint Development Agreement dated 25.10.2006 that, the provision has been made for resolution of the dispute through arbitration, and accordingly sought for interference of this Court. It is also submitted by the learned counsel appearing for the petitioner that, the respondent herein was obligated to perform his part of contract, and on account of failure on the part of the respondent, an Arbitrator has to be appointed in this petition.

4. Per contra, Sri Lohitaswa Banakar, learned counsel appearing for the respondent submitted that the claim made by the petitioner herein is barred by time since the Joint Development Agreement was executed between the parties on 25.10.2006, and that, the Joint Development Agreement is an unregistered document.

Therefore, he sought for dismissal of the petition.

5. In light of the submissions made by the learned counsel appearing for the parties, I have carefully examined the terms and conditions stipulated in the Joint Development Agreement dated 25.10.2006 (Annexure-A).

6. It is the case of the petitioner that, the dispute has arisen between the parties in respect of non- compliance of the obligation on the part of the respondent herein. It is also forthcoming from the petition that, the notice dated 18.07.2024 (Annexure-B) has been issued by the petitioner calling upon the respondent to appoint an Arbitrator for resolution of the dispute concerned.

7. Looking into the terms and conditions stipulated in the Joint Development Agreement dated 25.10.2006, I am of the view that, the claim made by the petitioner is time barred, and therefore, in view of the declaration of law made by the Hon'ble Supreme Court in the case of Cox And Kings Ltd. vs. SAP India Pvt. Ltd. & Anr. reported in (2024) 4 SCC 1 , I am of the view that the claim made by the petitioner is barred by time, and accordingly, petition is dismissed.