SHEODHAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application to appoint an Arbitrator for settling the dispute as has been raised by the applicant.

(2.) The original applicant has expired and his legal heirs have come on record.

(3.) Ordinarily, a dispute as to whether a claim is time barred or not, is an issue which has to be decided by the Arbitral Tribunal. In case, however, on the face of the record, if it is apparent that the arbitral claim is beyond limitation, then is it open to the Chief Justice or his delegate not to proceed to refer the dispute for arbitration, on the ground that there is no arbitral dispute.