M.M.ENTERPRISES Vs. HINDUSTAN ZINC LTD.

JUDGEMENT

(1.) The present application under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act of 1996') has been preferred for appointment of an independent and impartial sole arbitrator.

(2.) The facts as submitted are as under:

(3.) A reply to the application has been preferred on behalf of the Company raising a preliminary objection to the effect that the present application is barred by limitation and hence, deserves to be dismissed. It has been submitted that admittedly the demand notice was served in the year 2018 whereas the notice invoking arbitration clause was issued on 1/4/2022 i.e. after a period of more than 3 years and hence, was clearly barred by limitation. (ii) Regarding the termination of the contract before the stipulated date, it has been submitted that the same was permissible as per clause 14.3 of the agreement and hence, cannot be said to be a cause of any dispute.