B L KAPOOR Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application under Order 6, Rule 17 read with Section 151 Code of Civil Procedure for amendment of the plaint.

(2.) The facts germane to the disposal of this application, succinctly, 'are that on 18th January, 1978, the petitioner moved an application under Sections 8 and 20 of the Arbitration Act for filing the agreement of arbitration in Court and appointment of an arbitrator. He averred that he had entered into a contract for work styled as Road Contract Work with the respondents as far back as June, 1969 but the work could not be executed and completed within the stipulated period due to non-performance of certain contractual obligations by the respondent. So he took up the matter with the respondent vide his letter dated 17th October, 1973 mentioning certain disputes which had cropped up in relation to the contract. Thereafter vide letter dated 12th November, 1973 he made a request to the personnel designata under the agreement of arbitration for appointment of an arbitrator. However, as desired by the respondents, efforts were made to resolve the disputes and long correspondence exchanged between the petitioner and the respondents but nothing concrete came out by way of settlement of the disputes. Eventually vide their letter dated 16th of August, 1977, the personnel designata viz. General Manager, Northern Railway respondent No. 2 refused arbitration on the plea that the claims were barred by time.

(3.) The petition was contested by the respondents, inter alia, on the ground that it was barred by time and as such it was liable to be summarily rejected. It was further contended that even the disputes between the parties were barred by-time and no order under Sections 8 and 20 of the Arbitration Act could be passed regarding the same. An issue was accordingly framed by this Court (Sultan Singh J.) as follows :