Limitation of arbitration
Rajesh dembla
(Querist) 22 September 2012
This query is : Resolved
The dispute arise between me and my distributor on following particular:-
1The cause of action arise on 31.03.2005
2.The complainant(distributor) give legal notice for appointment of arbitrator as per our distributorship agreement on 31.07.2007.In tyhe notice it is mention that cause of action arose on 31.03.2005.
3.WE gave reply to their notice on 23.08.2007 that we are not accept the name of arbitrator in notice.
4.The complainant file section 11 application on 10.10.2007 for appointment of arbitration.
5.The high court appointed retd.justice as arbitrator on 24.07.2009.There was no direction of date for appearing before the arbitrator.
6.The complainant after 2 year 11 months dated 22.06.2012 appeared before the arbitrator along with order copy dated 24.07.2009 for interferance in this matter.
7.We have not appeared in the matter till date and neither he has filed the claim petition before the arbitrator.
Kindly suggest if this matter time barred or not...Pls provide some citation if time barred
ajay sethi
(Expert) 22 September 2012
you have to appear before arbitrator appointed by court . raise the plea of limitation before the arbitrator
Rajesh dembla
(Querist) 23 September 2012
IS IT TIME BARRED???IF YES PLS EXPLAIN ME AND PROVIDE SOME CITATION..
free legal service
(Expert) 23 September 2012
wen neither party has appeared the suit seems to be barred on the motion of either party.
V R SHROFF
(Expert) 23 September 2012
Award will be binding:
ur case is under process of arbitration, so within Limitation
Civil suit takes 15 yrs/ not time barred till pending hearing.
ur case also pending hearing
