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TMI Blog1988 (3) TMI 446X X X X Extracts X X X X X X X X Extracts X X X X ..... , V.B. Saharya and Ratna Nair for the Respondent JUDGEMENT SABYASACHI MUKHARJI, J. Special Leave granted. The Delhi Development Authority vide its letter dated 5th October, 1976 accepted the tender of the appellant for construction of 240 Janta Houses at the estimated cost of ₹ 24,49,262. The work was to commence on 15th October, 1976 and was required to be completed by 14t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led 'the Act') seeking a direction from the Court that the respondent be directed to file the arbitration agreement in the Court and the dispute be referred to the arbitration. The learned Single Judge of the High Court of Delhi dismissed the application as barred by time. There was an appeal to the Division Bench of the High Court of Delhi. The Division Bench upheld the decision of the le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the agreement applies, they or any of them, instead of proceeding under Chapter II, may apply to a court having jurisdiction in the matter to which the agreement relates, that the agreement be filed in Court. Therefore, in order to be entitled to order of reference under section 20, it is necessary that there should be an arbitration agreement and secondly, difference must arise to which this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the work a right to get payment would normally arise but where the final bills as in this case have not been prepared as appears from the record and when the assertion of the claim was made on 28th February, 1983 and there was non-payment, the cause of action arose from that date, that is to say, 28th of February, 1983. It is also true that a party cannot postpone the accrual of cause of action b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ticular case a dispute has arisen or not has to be found out from the facts and circumstances of the case. The application under section 20 of the Act was filed in Court in January, 1986, that is to say, within the period of three years; therefore the application was within time. The High Court was in error in dismissing the application on the ground of limitation. The judgment and order of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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