DHANALAKSHMI SRINIVASAN CHARITABLE AND EDUCATIONAL TRUST Vs. CONSOLIDATED CONSTRUCTION CONSORTIUM LTD.

JUDGEMENT

(1.) The present application is filed praying for recall of an order of this Court in O.P. No. 655 of 2016 dated 18.11.2016.

(2.) The original petition had been filed by the respondent in the present application under Section 11 of the Arbitration and Conciliation Act, 1996 (in short 'Act') seeking appointment of an arbitrator to adjudicate upon disputes that have, admittedly, arisen between the parties. The order of the Chief Justice dated 18.11.2016, passed by consent of both parties, states thus:

(3.) Pursuant thereto, the parties have been appearing before the learned sole Arbitrator and proceedings are on-going. A claim petition was filed by the claimant, to which a defence was filed. Issues were framed and proceedings for trial were to commence. At that stage, an application under section 16(2) of the Arbitration and Conciliation Act (in short Act), dated 21.6.2017 was filed before the learned Arbitrator seeking the dismissal of the claim raised by the claimant on the ground that the petition under section 11 had been filed belatedly as a result that the Tribunal did have the jurisdiction to entertain the claim, and that the claim raised in the petition was itself barred by limitation.