GARG TRADING CO. Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) The appellant herein moved an application u/s. 8 read with Sec. 20 of the Arbitration Act, 1940 (hereinafter referred to as "the Act") for the appointment of an arbitrator. The said application was rejected by the Court on the ground that the said petition was barred by time.

(2.) Aggrieved, the appellant preferred an appeal u/s. 39 of the Act to the High Court. The High Court rejected the application on the ground that the same is not maintainable as it is barred by limitation.

(3.) After we heard the learned counsel for the parties, we find that the view taken by the High Court in rejecting the appeal preferred by the appellant was patently erroneous.