IG3 INFRA LIMITED Vs. D. INDIRA

JUDGEMENT

(1.) Heard Mr.V.Raghavachari, learned counsel appearing for the revision petitioner and Mr.R.Palaniandavan, learned counsel appearing for the respondents.

(2.) This revision petition has been filed against the order of the learned Arbitrator passed in Application No.1 of 2020 in A.F.No.182 of 2019 dated 26.03.2021, rejecting the contentions raised on behalf of the petitioner herein as to the maintainability of the arbitration proceedings. The maintainability issues have been raised by the petitioner herein in his application filed under Section 16(2) and 16(5) of the Arbitration and Conciliation Act, 1996, mainly on two grounds. (i) The arbitration proceedings initiated by the claimants is not maintainable. (ii) The subject matter of arbitration proceedings is barred by limitation.

(3.) The learned counsel appearing for the petitioner would submit that the learned Arbitrator while dealing with the objections in regard to the proceedings being barred by limitation, has not considered the limitation aspect as a preliminary examination, but has chosen to consider the same together with the merits of the claims of the parties. If the learned Arbitrator is directed to deal with the objections on a preliminary consideration, the petitioner herein will not press the present Civil Revision Petition.