(1.) The petitioner tiled the present petition on 1.4-10-1993 under Section 20 of the Indian Arbitration Act, 1940 seeking inter alia a direction to the Engineer Member of the respondent, Delhi Development Authority, to appoint an arbitrator in terms of Clause 25 of the Agreement and for reference of all the claims and disputes to him. The respondent has raised a preliminary objection to the maintainability of the petition contending the same to be barred by limitation.
(2.) The question that springs up for consideration is whether the starting point of limitation for a Section 20 petition should be reckoned from 28.7.1989, when the petitioner invoked Clause 25 of the agreement and called upon the Engineer Member of the respondent to appoint an arbitrator or from 15.10.1991, when the request for arbitration was declined?
(3.) The facts are not in dispute and the petition can be disposed of on this pure question of law.