KHAJANCHI ELECTRICALS Vs. UNION OF INDIA & ANR.

JUDGEMENT

(1.) THE present appeal is filed by the appellant -applicant under Section 39 of the Indian Arbitration Act, 1940 (hereinafter referred to as 'the said Act') challenging the order dated 16.7.97 passed by the Addl. District Judge No. 4, Kota (hereinafter referred to as 'the court below') in Civil Misc. (Arbitration) Case No. 47/96, whereby the court below has dismissed the application of the appellant filed under Section 20 of the said Act. In the instant case it appears that the appellant and the respondents had entered into an agreement, whereby the appellant was awarded the contract for dismantling the overhead L.T. Lines at Agra Fort Eidgah, Agra Cant., as per the terms and conditions of the agreement. It further appears that some disputes had arisen between the parties and the appellant had requested the respondents to appoint the Arbitrator for resolving the disputes, however the respondents having failed to do so, the appellant had filed an application before the court below seeking appointment of Arbitrator under Section 20 of the said Act. The said application was dismissed by the court below vide the impugned order on the ground that the said application was filed beyond the period prescribed in the agreement.

(2.) IT has been submitted by the learned counsel Mr. Suresh Sahni, for the appellant that the court below has failed to appreciate that Article 137 of the Limitation Act would be applicable for the purpose of filing application under Section 20 of the said Act.