CENTRAL COALFIELDS LIMITED Vs. RAJDHANI CARRIERS PRIVATE LIMITED

JUDGEMENT

(1.) This arbitration appeal has been filed against the order dtd. 19/7/2012 passed by learned Subordinate Judge - I, Ranchi in Misc. Case No.59 of 2010 whereby and whereunder he has dismissed the application filed by the appellant under Sec. 34 (2) of the Arbitration and Conciliation Act, 1996 and upheld the award passed in A.A. No.02 of 2003 passed on 12/10/2010 by learned Arbitrator Sri R.D. Roy, Chairman-cum- Managing Director (Retired), Western Coalfields Limited, Anandgra, Lane - 3, Morabadai Maidan (North), P.O - Ranchi University, District - Ranchi.

(2.) 1st Point - point of limitation The respondent gave notice for arbitration to the Chairman-cum-Managing Director, CCL, Ranchi on 28/11/2002 i.e. after expiry of the limitation period of 03 years. During the course of argument, the learned counsel for the appellant has referred to the award. The stand of the CCL before the learned Arbitrator has been recorded in para-III (rejoinder of the respondent) of the award.

(3.) The learned counsel submits that the learned Arbitrator has not returned any finding on the point of limitation. During the course of arguments it was pointed out to the learned counsel for the appellant that upon perusal of the said paragraph-III of the award, it appears that no plea of limitation has been mentioned. In response, learned counsel for the appellant has submitted that a point of law arises in the present case inasmuch as the learned Arbitrator was duty-bound to examine the point of limitation irrespective of any plea having been raised by the appellant before the learned Arbitrator. The learned counsel has also submitted that this plea of limitation can be verified from the defence statement filed by the appellant before the learned Arbitrator .