G.S. EXPRESS PVT. LTD Vs. NTPC LTD

JUDGEMENT

(1.) This petition is filed by the petitioner under Sec. 11 of Arbitration and Conciliation Act for appointment of an arbitrator to adjudicate the disputes between the parties. The only contention raised in the present petition is the arbitration was not invoked within time and hence petition under Sec. 11 of the Arbitration and Conciliation Act is not maintainable. The relevant clauses are as under:

(2.) It is submitted by the learned counsel for the respondent per clause 7.3.1 of the contract the parties could invoke arbitration only within six months from the date of completion of the execution of work under the contract or the termination of contract but not thereafter. It is submitted the work was completed on 30/6/2021 and the petitioner could have invoked the arbitration only till 30/12/2021 and not thereafter. However the letter of the petitioner for mutual consultation come only on 2/9/2022, much beyond the limitation period, hence the petitioner is barred to file this petition.

(3.) The learned counsel for the respondent has referred to United India Insurance Company Limited and Another vs. Hyundai Engineering and Construction Company Limited and Others (2018) 17 SCC 607, wherein the Court held as under: