SARUP LAL SINGLA Vs. NATIONAL FERTILIZERS LIMITED

JUDGEMENT

(1.) The plaintiff filed a petition under Section 20 of the Arbitration Act in the Civil Courts at Bhatinda. The said petition was ordered to be returned to the plaintiff for presentation to appropriate Court on the ground that the Courts at Bhatinda had no territorial jurisdiction vide order dated 16th October 1990. The plaintiff filed the present petition in this court on 6th December 1990 alongwith an application for leave to exclude the time spent by the plaintiff in pursuing his remedy in the Civil Courts at Bhatinda. This order will dispose of plaintiffs application under Sections 12 and 5 of the Limitation Act 1963.

(2.) At the outset counsel for the plaintiff has regretted the fact that in the title of the petition it has been stated that the petition is under Section 12 and 5 of the Limitation Act. According to the counsel it should read as Sections 14 and 5 of the Limitation Act. The mention of a wrong provision of law in the heading of the application does not disentitle the plaintiff to relief as per the appropriate provisions of law.

(3.) The plaintiff had entered into a contract with the defendant for construction of external services in Phase-111 of NFL Town at Bhatinda for its Bhatinda Fertilizer Factory. The invitation to tender was issued by the defendant on 16th April 1981. The plaintiff submitted its tender at Bhatinda on 3rd June 1981. According to the plaintiff the tender was accepted on 24th August 1981 at Bhatinda and communication of acceptance was communicated to him at Bhatinda. The plaintiff completed the work on 31st December 1983 and submitted the final bill on 6th February 1984. The agreement contained an arbitration clause. The plaintiff invoked the arbitration clause on 16th January 1985. This was declined by the defendant on 18th March 1985. The plaintiff repeated his request for arbitration on 27th August 1985 and ultimately filed a petition under Section 20 of the Arbitration Act in the Civil Courts at Bhatinda on 2nd April 1986. As already noticed- the Civil Court at Bhatinda vide its order dated 16th October 1990 held that the Court at Bhatinda had no territorial jurisdiction in the matter and ordered the plaint to bereturned. The plaintiff applied for certified copy of the order on 17th October 1990. The copy was delivered to the plaintiff on 16th November 1990. On 3rd December 1990 the petition was actually returned to the plaintiff and the same was filed by the plaintiff in this Court on 6th December 1990.