INACIO C. FERNANDES Vs. GIL OSWALD REBEIRO

JUDGEMENT

(1.) HEARD Mr. A. D. Bhobe, learned Advocate for the applicant and Mr. P. A. Kamat, learned Advocate for the respondent. By this application under Section of the Arbitration and Conciliation Act, 1996, the applicant seeks appointment of an arbitrator in respect of the dispute arising under the agreement dated 7.3.1988.

(2.) THE applicant and the respondent entered into an agreement by which the respondent inter alia agreed to construct six one bedroom ownership Holiday Homes on plot No. 16. Out of said six, Holiday Homes, the respondent agreed to sell one Holiday Home to the applicant for a consideration of Rs. 1,50,000/ -. It is the case of the applicant that pursuant to the said agreement the respondent constructed six Holiday Homes and possession of one Holiday Home was given to the applicant on 7.8.1988.

(3.) BY reply dated 26.9.2011, the respondent through his advocate, inter alia, contended that the claim raised in the notice was barred by limitation since agreement was executed in the year 1988.