ASHI PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner herein in response to a tender floated by the respondents for manufacture and supply of 2,50,000 pre-stressed mono block concrete sleepers submitted its offer pursuant whereto the parties entered into an agreement, which contained an arbitration clause. On or about 30.03.1992, the said contract was terminated whereupon the petitioner herein by a demand notice dated 05.01.1995 called upon the respondents to pay a sum of Rs.39,24,000/- by way of damages. Again by a notice dated 18.03.1995, the petitioner called upon the respondents to appoint an Arbitrator.

(2.) By a letter dated 11.12.1995 the request for arbitration made by the petitioner was rejected. The petitioner thereafter filed a suit under Section 20 of the Arbitration Act, 1940 ( in short, '1940 Act' ) on 25.05.1996, which was marked as Suit No. 1541 of 1996. However, the said suit was converted into an application under Section 11 of the Arbitration and Conciliation Act, 1996 (in short, 'the Act').

(3.) By reason of the impugned order dated 21.12.2000, the said application has been dismissed on the ground of being barred by limitation. This writ petition is directed against the said order.