ORDER :

1. The issue which has arisen for consideration is whether the High Court was justified in rejecting the application filed under Section 11 for reference to arbitration, on the ground that it was barred by limitation.

2. The factual background of the case arises from an agreement dated 21.12.2010 entered into between the parties, under which the Petitioner-Contractor was to provide security to the Respondent-Company around the clock on need basis, as per the agreed contractual rates. The Agreement contained an arbitration clause which reads as follows:

“13. Arbitration:

13.1 If any dispute, difference, question or disagreement shall at any time hereafter arise between the parties hereto or the respective or assigns in connection with or arising out of or in respect of contract, application of provision thereof, anything thereunder contained or arising thereunder or as to rights, liabilities or duties of the said parties hereunder or any matter whatsoever incidental to this contract shall be referred to the sole Arbitration of the person appointed by Director (Pers.) of NCL. CONTRACTOR shall have no objection to any such appointment that the arbitrator so appointed is an employ