D. RAJKUMAR Vs. GENERAL MANAGER

JUDGEMENT

(1.) Present is an application under Sec. 11 (6) of the Arbitration and Conciliation Act, 1996 ('the Act' in short) for appointment of Arbitrator to resolve the dispute between the parties in relation to execution of contract vide Letter of Acceptance No.13TS/108/Zonal/Horticulture/294/3424 dtd. 10/10/2007 wherein the petitioner was awarded contract for execution of Horticulture Zonal Works including maintenance and up keeping lawns, flowers, beds, gardens, etc. under the jurisdiction of ADEN (Works)/Raipur, for the period ending 30/6/2008.

(2.) In course of execution of the said work some dispute arose between the parties which could not be resolved, therefore, the petitioner served a notice for appointment of Arbitrator on 12/10/2011 (Annexure - A/5) claiming the sum quantified in the said notice.

(3.) The respondents issued a communication to the petitioner on 9/11/2011 informing that the matter has been forwarded to the executive and PHOD of the concerned department for their remarks in connection with the appointment of Arbitrator, if required. However, vide communications dtd. 21/12/2011 and 17/1/2012 the respondent authorities informed the petitioner that the prayer for appointment of Arbitrator cannot be considered as the same has been submitted after the prescribed three years time limit for demand of arbitration. The respondents have referred to the provisions of Sec. 43 of the Act, 1996 and Article 137 of the Limitation Act, 1963 to say that the prayer for arbitration is barred by limitation.