Madhya Pradesh High Court
M/S Arora Enterprises vs Union Of India on 29 April, 2016
Arbitration Case No. 41/2013
29.4.2016
Shri Vishal Dhagat, learned counsel for the petitioner.
Shri Atul Choudhary, learned counsel for respondents.
Heard.
Taking into consideration the fact that the contract in question which was awarded on 1.11.2001 with completion period of 10 months, i.e., from 1.11.2001 to 31.8.2002 was terminated on 24.9.2002 because of the alleged breach committed by the applicant, preliminary objection raised on behalf of respondent that present application filed on 18.9.2013 is barred by time has force, because Article 137 of Limitation 1963 whereunder three years' limitation is provided for application.
In view whereof and in absence of any cogent material to establish that there is recurring cause of action, Application under Section 11 (5) of Arbitration and Conciliation Act, 1996 is dismissed on the ground of limitation. No costs.
(SANJAY YADAV) JUDGE VIVEK