2021 (3) TMI 1361 - HC - Indian Laws

Seeking appointment of an arbitrator - Section 11(6) of the Arbitration and Conciliation Act, 1996 - claim is in respect of a work order of April 7, 1982. According to the petitioner, the bills were not settled by the Railways - Time Limitation - HELD THAT - The bills may or may not have been settled. However, a period in excess of three years elapsed from the date of the work order of April 7, 1982. Moreover, even going by the statement made in the petition, the work was executed upto May 28, 1986. Taking the date of knowledge of non-settlement of bills to be in 2013, then also, the petition in 2019 is hopelessly barred by limitation. Petition dismissed.

Summary

The petitioner sought appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 regarding a work order from April 7, 1982. The Court found the claim time-barred as the petition in 2019 was filed well beyond the limitation period, and thus dismissed AP 748 of 2019.