(1.) This appeal is at the instance of a defendant in a proceeding under Sec. 20 of the Arbitration Act, 1940 ("Act") and is directed against the judgement dated July 28, 1994 passed by the learned Assistant District Judge, Burdwan in Title Suit No. 20 of 1993 thereby allowing such application filed by the respondent.
(2.) There is no dispute that there was a Clause in the agreement between the parties for referring the dispute to the arbitrators, one to be appointed by the owner and the other by the contractor and accordingly on Jan. 13, 1989 the respondent/plaintiff invoked the arbitration agreement. On July 12, 1990, Chief Engineer, D & P refused to act and thereafter on Aug. 6, 1990 the plaintiff/respondent appointed Mr. H.R. Sengupta, a retired Chief Engineer of D.P.L. as Arbitrator, thus, taking step under Chapter II of the Act. Immediately thereafter on Nov. 5, 1990 the appellant filed a Misc. Case under Sections 5 and 11 of the Act thereby giving rise to Misc. Case No. 20 of 1990 and ultimately the said Misc. Case was allowed on May 9, 1992 thereby setting aside the appointment of Arbitrator and declaring the Award as invalid. Subsequently, the present suit under Sec. 20 of the Act was filed on April 6, 1993.
(3.) Mr. Bhattacharya, the learned advocate appearing on behalf of the appellant has raised two points in support of this appeal. The first point taken by Mr. Bhattacharya is that the respondent having invoked the arbitration agreement on Jan. 13, 1989, the period of limitation accrued from that date and the present suit having been filed on April 6, 1993 was barred by limitation inasmuch as Art. 137 of the Limitation Act applies to such a proceeding and the limitation being three years from the date of accrual of cause of action.