BHASIN ASSOCIATES Vs. N.B.C.C.

JUDGEMENT

(1.) IN this petition under Section 34 of the Arbitration and Conciliation Act, 1996 (for short "the Act"), the petitioner -claimant assails the validity of an award dated 11th November, 2003, made by Sh. Shyam Sunder, the sole arbitrator.

(2.) THE facts giving rise to the making of the award and the challenge to its validity may be summarised thus:

(3.) IN the course of the arbitration proceedings, a preliminary objection was taken by the respondent -Corporation to the maintainability of the claims on the ground of limitation. It was argued that the claims made by the petitioner -claimant were governed by Article 113 of the Schedule to the Limitation Act, which provided a period of three years to the claimant to make the same reckoned from the date the right to sue accrued in its favour. According to the respondent, the right to sue had accrued to the petitioner on 23rd November, 1989, when the claimant admitted the preparation of a final bill and the quantification of its claim. Invocation of the arbitration Clause in January, 1997 and the appointment of an arbitrator in March, 1998 was, therefore, much beyond the period of limitation prescribed under Article 113 (supra) contended the respondent.