Calcutta High Court
Shristi Infrastructure Development ... vs Patel Engineering Ltd on 29 August, 2013
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
AP No.291 of 2009
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
SHRISTI INFRASTRUCTURE DEVELOPMENT CORPORATION LTD.
Versus
PATEL ENGINEERING LTD.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 29th August, 2013.
Appearance:
Mr. Debnath Ghosh, Adv.
Mr. Rajsekhar Mantha, Adv.
Mr. R. Battacharya, Adv.
The Court : The papers have been reconstructed and the reconstructed papers should be treated as original till the originals are traced out.
The petitioner fairly submits that disputes have arisen between the petitioner and the petitioner's immediate employer in respect of the work subcontracted by a party awarded a government construction contract. The petitioner says that the arbitration clause contained in the parent contract has 2 been sought to be invoked by the petitioning subcontractor against the contractor.
In view of such submission and since it is evident that there is no arbitration agreement between the parties herein, AP No.291 of 2009, which is a request under Section 11 of the Arbitration and Conciliation Act, 1996, is dismissed as not maintainable. It will be open to the petitioner to invoke Section 14 of the Limitation Act, 1963 before any appropriate forum to which the primary action is carried, but it will be for such forum to assess the applicability thereof.
There will be no order as to costs.
Certified website copies of this order, if applied for, be urgently supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) bp.