M/S Baba Transport vs M/S Tata Steel Limited
2022 Latest Caselaw 2917 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI

                   Arbitration Application No. 1 of 2021
      M/s Baba Transport                             .......                Petitioner
                                 Versus
      M/s Tata Steel Limited                         ....             Respondent
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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For the Petitioner : Mr. P. K. Bhattacharya, Advocate For the Respondent : Mr. P.A.S. Pati, Advocate

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th 07/Dated: 28 July, 2022

The affidavit has been filed on behalf of the respondent, whereby and

whereunder, the plea of applicability of the Article 137 of Limitation Act has

been taken by putting reliance upon the judgment rendered in the case of

Bharat Sanchar Nigam Limited and another vs. Nortel Networks India

Private Limited reported in (2021) 5 SCC 738.

Mr. P.K. Bhattacharya, learned counsel appearing for the

petitioner/applicant has submitted that the issue laid down by Hon'ble Apex

Court in the case of Bharat Sanchar Nigam Limited and another vs. Nortel

Networks India Private Limited (supra) will not be applicable in the facts

of the given case, since, the validity period of the RFQ was up to

31.03.2019, the moment, the validity period was up to 31.03.2019, and

according to the petitioner/applicant the notice for appointment of arbitrator

in view of the provision of Section 21, since was given on 05.12.2019.

Upon this, Mr. P.A.S Pati, learned counsel appearing for the

respondent has sought for two weeks' time to seek further instruction and if

necessary to file affidavit.

Accordingly, as prayed for, list this case on 18.08.2022.

(Sujit Narayan Prasad, J.) Saket/-