RAJIV ASSOCIATES PVT LTD Vs. CHIEF ENGINEER ARC

JUDGEMENT

(1.) APPELLANT-M/s. RAJIV Associates Pvt. Ltd. assails the order dated 10th january, 2005 of the learned Single Judge dismissing CS (OS) No. 1838a/1998, being a petition under section 20 of the Arbitration Act, 1940 (hereinafter referred to as the 'act' ). The present appeal was filed belatedly on 2 June, 2005. Appellant has also filed an application being CM 8997/2005 under Section 5 of the Limitation Act seeking condonation of delay of 97 days in institution of the appeal.

(2.) WE have heard Mr. D. Moitra, learned counsel for the appellant in support of the appeal as also the application for condonation of delay. The facts in brief culminating in filing of the present appeal may be noted:-

(3.) THE said petition was opposed by the respondent who denied that they had any agreement with the appellant/petitioner M/s Rajiv Associates pvt. Ltd. Respondent contended that it had no privity of contract with appellant. It entered into a construction agreement with Rajiv Construction company in relation to whose disputes, an Arbitrator was appointed. Further that the Arbitrator became functus officio. The petition under section 20 of the Act was preferred by the appellant/petitioner in 1998 for appointment of an Arbitrator under Section 20 of the Act. It was highly belated and barred by limitation. Apart from that, petition was not maintainable as filed. 3. Mr. Moitra firstly submitted that appellant M/s Rajiv Associates Pvt. Ltd was the successor in interest of M/s Rajiv Construction Company having taken over all the assets and liabilities of the latter. It was, therefore, competent to prosecute the petition on behalf of Rajiv Construction company. Counsel urged that argument of the respondent that there there was no privity of contract between appellant and respondent was thus fallacious.