M/s Uttarakhand Purv Sainik Kalyan Nigam Limited Vs. Northern Coal Field Limited

Madhya Pradesh High Court (Single Judge)

Arbitration Case, 56 of 2016, Judgment Date: Jan 11, 2018

Law Laid Down -

* Section 21 of the Arbitration and Conciliation Act, 1996 deals with the appointment of Arbitrator without the intervention of the Court whereas appointment with the intervention of the Court is contemplated under Section 11(6) of the Arbitration Act.
* The limitation for filing a petition under Section 11(6) of the Arbitration Act is contemplated by the Limitation Act particularly Article 137 of the Schedule-I of the Limitation Act, 1963. The limitation does not start from the notice but from the date cause of action arises, which is prior to serving of a notice.
* The period of notice is to be excluded for computing the period of limitation in terms of Section 15(2) of the Limitation Act, 1963.

M/s Uttarakhand Purv Sainik Kalyan Nigam Limited Vs. Northern Coal Field Limited