SRINIVASA CONSTRUCTION, MYSORE AND OTHERS Vs. MYSORE AND CHAMARAJANAGARA DISTRICT SCHOOL TEACHER HOUSE BUILDING CO

JUDGEMENT

(1.) The petitioners are before this Court in this petition under Sec. 11 (5) of the Arbitration and Conciliation Act, 1996 ('A & C Act' for short) seeking that an Arbitrator be appointed as provided under clause 21 of the agreement dated 05.09.1988 so as to resolve the disputes arising under the said agreement and the subsequent supplementary agreements between the parties.

(2.) The respondents have filed detailed objection statement opposing the prayer made in the petition contending that dispute as claimed by the petitioner does not subsist. Reference is made to the proceedings under the Karnataka Co-operative Societies Act, 1959 ('the KCS Act' for short) wherein the petitioner has failed. The threshold objection is however with regard to the delay. In that regard it is contended that the agreement is dated 05.09.1988 and the notice issued is dated 22.06.1996, but the instant petition is filed only on 06.09.2014. As such the instant petition is liable to be rejected only on the ground of delay is the contention.

(3.) In the light of the above I have heard Sri. Dhyan Chinnappa, learned senior counsel for the petitioner and Sri. B.M. Arun, learned counsel for the respondent quite exhaustively and perused the petition papers.