Document Fragment View

Matching Fragments

91. In so far as issue of jurisdiction in respect of claims arising out of Volume IV to Volume VIII is concerned, it is submitted that no demand was made by the respondent in respect of those claims till 2008. The demand was made for those claims only after seven years when the award in respect of those four claims were made in the proceedings filed by the petitioner against the State of Maharashtra/KHEP Authorities in the month of February 2008. He submits that the original reference was not made under section 11 of the Arbitration and Conciliation Act, 1996. The Supreme Court had merely restored the appointment of the sole arbitrator who was nominated by the respondent. He placed reliance on the judgment of Supreme Court in case of S.B.P.& CO. vs. Patel Engineering Ltd. and more particularly paragraphs 5, 9 to 13, 15, 45, 48 and 49 and submits that there was no reference of dispute under the said order. The reference of dispute was purely a consensual reference and not under section 11 of the Arbitration and Conciliation Act, 1996.