Madras High Court
M/S.E2E Supply Solutions Limited vs M/S.Dalmia Cement (Bharat) Limited on 19 August, 2024
Arb.O.P.(Comm.Div.) No. 262 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.08.2024
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
Arb.O.P.(Comm.Div.) No. 262 of 2024
M/s.E2E Supply Solutions Limited,
A Company duly registered under the Companies Act, 1956
Having its registered Office at 4th Floor, East Coast Center,
No.534, anna Salai,
chennai 600 014. … Petitioner
-vs-
M/s.Dalmia Cement (Bharat) Limited,
A Company duly registered under the Companies Act, 1956
Having its registered Office at Dalmiapuram,
Dist.Tiruchirapalli,
Tamil Nadu – 621 651. … Respondent
PRAYER: Arbitration Original Petition filed under Section 11(6) of the
Arbitration and Conciliation Act, 1996 to appoint Arbitrator, pursuant to
Clause 22 of the Service Contract dated 29.06.2015 executed between the
peitioner and respondent, to adjudicate the dispute between the parties and
pass such further order.
For Petitioner : Mr.G.Vivekanand
For Respondent : Mr.P.J.Rishikesh
ORDER
This Arbitration Original Petition has been filed under Section 11(6)
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of the Arbitration and Conciliation Act, 1996 (hereinafter called as 'the Act')
seeking for an appointment of an Arbitrator to resolve the dispute between
the parties which had arisen out of Service Contract dated 29.06.2015.
2. The learned counsel for the respondent would contend
that the notice under Section 21 of the Act had been issued on
10.09.2020 and the petitioner had filed the present petition
much beyond the three years limitation period. He had placed
reliance heavily on the judgment of the Hon’ble Apex Court in
the case of Arif Azim Com,pany Limited Vs APTECH Limited reported in 2024 5 SCC
313 to contend that the limitation period for making an application
under Section 11(6) of the Act is 3 years from the date of
expiry of 30 days period on which the notice under Section 21
of the Act has been issued.
3. In that context, he would submit that the present 11(6)
petition is wholly time barred. On the other hand, the learned
counsel for the petitioner would submit that the Section 21 notice
was issued on 10.09.2020 and the period of 30 days would
expire in the month of October 2020. In view of the judgement
of the Hon'ble Apex Court extending the period of limitation to
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exclude the period between 15.03.2020 and 28.02.2022. The
period of limitation for the present case according to him would
start from 01.03.2022 and that therefore, the application is well
within the period of limitation.
4. Even though, serious objections had been raised on the
question of limitation, accepting the contentions of the learned
counsel for the petitioner that eventhough the period of limitation
kicks in from the month of October 2020, considering the
judgement of the Hon'ble Apex Court in “Cognizance of
Extension of Limitation” dated 10.01.2022, I am inclined to hold
that the benefit of the said judgment would be available to the
petitioner and I am of the view that the said application was
within the period of limitation.
5. When this Court had expressed it's view, the learned
counsel appearing for the respondent had suggested the name of
the Hon'ble Mr. Justice Paul Vasantha Kumar, Former Chief
Justice, High Court of Jammu & Kashmir to be appointed as a
sole Arbitrator and the learned counsel appearing for the
petitioner has no objection to appoint the learned Judge as a
sole Arbitrator.
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6. In view of the consent given by the learned counsels appearing in
either side, I am inclined to appoint Hon'ble Mr. Justice Paul Vasantha
Kumar, Former Chief Justice, High Court of Jammu & Kashmir residing
at 24-A, 2nd Street, Kamaraj Avene, Adayar, Chennai – 600 020 as a sole
Arbitrator. The learned Sole Arbitrator is entitled to fix his fees as per the
Schedule-IV to the Act. This Court further requests the learned Sole
Arbitrator to endeavour to decide the dispute as expeditiously as possible.
K.KUMARESH BABU, J.
Gba
4. Accordingly, this Arbitration Original Petition is ordered. However,
there shall be no order as to costs.
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Index :Yes/No
Speaking Order/ Non-Speaking Order
Gba
Arb.O.P. (Com.Div.) No.262 of 2024
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