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Judgment
L. Narayana Swamy, CJ
In this petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996, the petitioner, which is a Company and to whom the work was
awarded for widening and strengthening of existing single/inter-mediate lane carriage way with geometric improvement of two-lane carriage way in
KM 58/100 to 105/0 of National Highway 70 by the respondents, seeks a direction for appointment of an Arbitrator for resolving the dispute between
the petitioner and the respondents.
Respondents have filed reply in which objection regarding claim being barred by limitation has been taken.
Per contra, learned Senior Counsel appearing for the petitioner relied upon the judgment of Hon’ble Supreme Court passed in SLP(C)
No.11476 of 2018, tittled M/s Uttrakhand Porv Sanik Kalyan Nigam Ltd. vs. Northern Coal Field Ltd,, on 27.11.2019, wherein it has been held that
delay itself is question of law and facts and has to be decided by the Arbitral Tribunal or Arbitrator appointed by the Court.
I have heard learned counsel for the parties and gone through the record. It is held by the Hon’ble Supreme Court that the claim barred by
limitation is question of law and facts which the learned Arbitral Tribunal or the Arbitrator has to consider on the basis of record. Accordingly, I deem
it proper to appoint Mr.A.K. Goel, retired Judge of this Court as an Arbitrator. Aforesaid Arbitrator is requested to enter into reference within a
period of two weeks from the date of receipt of a copy of this order. It shall be open for the learned Arbitrator to determine his own procedure with
the consent of the parties. Otherwise also, entire procedure with regard to fixing of time limit for filing pleadings or passing of Award stands
prescribed under Sections 23 and 29A of the Act. Liberty is also reserved to the respondent to raise objections, if any, by way of filing counter claim
before the Arbitrator. Ordered accordingly.
Needless to say, award shall be made strictly as per provisions contained in Arbitration and Conciliation Act. A copy of this order shall be made
available to the learned Arbitrator named above, by the Registry of this Court within one week enabling him to take steps for commencement of the
arbitration proceedings within stipulated period.
The petition is disposed of accordingly alongwith pending application(s), if any.