w w w . L a w y e r S e r v i c e s . i n



M/s. Zillion Infraprojects Pvt Ltd, Rep. by its Authorised Representative, New Delhi v/s Bharat Heavy Electricals Limited, Power Sector Southern Region, Chennai


Company & Directors' Information:- U. P. POWER CORPORATION LIMITED [Active] CIN = U32201UP1999SGC024928

Company & Directors' Information:- D B POWER LIMITED [Active] CIN = U40109MP2006PLC019008

Company & Directors' Information:- BHARAT HEAVY ELECTRICALS LIMITED [Active] CIN = L74899DL1964GOI004281

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Active] CIN = L40105WB1919PLC003263

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Amalgamated] CIN = U40101WB2003PLC097340

Company & Directors' Information:- DELHI POWER COMPANY LIMITED [Active] CIN = U40103DL2001SGC111528

Company & Directors' Information:- B L A POWER PRIVATE LIMITED [Active] CIN = U40102MH2006PTC165430

Company & Directors' Information:- G R INFRAPROJECTS LIMITED [Active] CIN = U45201GJ1995PLC098652

Company & Directors' Information:- L V S POWER PRIVATE LIMITED [Active] CIN = U40100TG1996PTC023552

Company & Directors' Information:- G R INFRAPROJECTS LIMITED [Active] CIN = L45201RJ1995PLC011270

Company & Directors' Information:- G R INFRAPROJECTS LIMITED [Active] CIN = U45201RJ1995PLC011270

Company & Directors' Information:- G R INFRAPROJECTS LIMITED [Active] CIN = L45201GJ1995PLC098652

Company & Directors' Information:- S L S POWER CORPORATION LIMITED [Active] CIN = U40109AP2005PLC047008

Company & Directors' Information:- S L V POWER PRIVATE LIMITED [Active] CIN = U40102KA2002PTC030448

Company & Directors' Information:- S. E. POWER LIMITED [Active] CIN = L40106GJ2010PLC091880

Company & Directors' Information:- E O S POWER INDIA PRIVATE LIMITED [Active] CIN = U32109MH1985PTC037094

Company & Directors' Information:- ZILLION INFRAPROJECTS PRIVATE LIMITED [Active] CIN = U27209DL1986PTC023662

Company & Directors' Information:- D C POWER LIMITED [Strike Off] CIN = U40109TG1996PLC025996

Company & Directors' Information:- P. A. INFRAPROJECTS PRIVATE LIMITED [Active] CIN = U45202MH2010PTC199921

Company & Directors' Information:- P & R INFRAPROJECTS LIMITED [Active] CIN = U74210DL2005PLC137557

Company & Directors' Information:- NEW INDIA ELECTRICALS LIMITED [Active] CIN = U85110KA1994PLC015512

Company & Directors' Information:- U P ELECTRICALS LIMITED [Active] CIN = L31200DL1971PLC005666

Company & Directors' Information:- S T ELECTRICALS PRIVATE LIMITED [Active] CIN = U31909PN1998PTC012975

Company & Directors' Information:- POWER CORPORATION OF INDIA LIMITED [Amalgamated] CIN = U50101WB1997PLC084060

Company & Directors' Information:- P. G. INFRAPROJECTS PRIVATE LIMITED [Active] CIN = U70109WB2008PTC126900

Company & Directors' Information:- B V POWER PRIVATE LIMITED [Active] CIN = U40106DL2011PTC213428

Company & Directors' Information:- ZILLION POWER (INDIA) PRIVATE LIMITED [Active] CIN = U31400WB2008PTC126682

Company & Directors' Information:- R R INFRAPROJECTS PRIVATE LIMITED [Active] CIN = U45201GJ2005PTC046598

Company & Directors' Information:- A. V. INFRAPROJECTS PRIVATE LIMITED [Active] CIN = U45207DL2008PTC178831

Company & Directors' Information:- R AND H POWER COMPANY PRIVATE LIMITED [Active] CIN = U51109UP1965PTC003067

Company & Directors' Information:- R M C INFRAPROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2011PTC218637

Company & Directors' Information:- B R POWER LTD [Active] CIN = U40106WB1995PLC073567

Company & Directors' Information:- N M S POWER PRIVATE LIMITED [Active] CIN = U51109WB1999PTC089747

Company & Directors' Information:- BHARAT POWER CORPORATION PRIVATE LIMITED [Active] CIN = U74899DL1984PTC019033

Company & Directors' Information:- P R B POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG1995PTC020647

Company & Directors' Information:- V. S. INFRAPROJECTS PRIVATE LIMITED [Active] CIN = U45400DL2011PTC215039

Company & Directors' Information:- B L ELECTRICALS LIMITED [Active] CIN = U29308CH1989PLC009113

Company & Directors' Information:- S V G POWER PRIVATE LIMITED [Active] CIN = U40300AP2012PTC084435

Company & Directors' Information:- V N P ELECTRICALS PRIVATE LIMITED [Active] CIN = U31100MH2004PTC144339

Company & Directors' Information:- M E ELECTRICALS PRIVATE LIMITED [Active] CIN = U74900KA2011PTC061380

Company & Directors' Information:- V S ELECTRICALS PRIVATE LIMITED [Active] CIN = U40104WB1995PTC075508

Company & Directors' Information:- P S ELECTRICALS PRIVATE LIMITED [Active] CIN = U27209TN1982PTC009485

Company & Directors' Information:- M S M INFRAPROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2014PTC065800

Company & Directors' Information:- INDIA POWER PRIVATE LIMITED [Active] CIN = U31900DL1995PTC070096

Company & Directors' Information:- BHARAT INFRAPROJECTS PRIVATE LIMITED [Active] CIN = U45400DL2010PTC210876

Company & Directors' Information:- M POWER INDIA PRIVATE LIMITED [Active] CIN = U31908MH2012PTC234343

Company & Directors' Information:- K A ELECTRICALS PRIVATE LIMITED [Active] CIN = U31103DL2011PTC224196

Company & Directors' Information:- G & G INFRAPROJECTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1990PTC040675

Company & Directors' Information:- P. R. ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U29268MH2009PTC190099

Company & Directors' Information:- R J M S ELECTRICALS PRIVATE LIMITED [Active] CIN = U31401KA2011PTC059008

Company & Directors' Information:- D & M INFRAPROJECTS PRIVATE LIMITED [Active] CIN = U40300GJ2010PTC059303

Company & Directors' Information:- B R I ELECTRICALS PVT LTD [Active] CIN = U45201GJ1995PTC025017

Company & Directors' Information:- K P ELECTRICALS PRIVATE LIMITED [Active] CIN = U99999MH1959PTC011501

Company & Directors' Information:- ELECTRICALS INDIA PVT LTD [Active] CIN = U74210MH1977PTC004605

Company & Directors' Information:- M S K ELECTRICALS PVT LTD [Active] CIN = U31200WB1984PTC038215

Company & Directors' Information:- A N S INDIA POWER PRIVATE LIMITED [Active] CIN = U51101DL2014PTC266873

Company & Directors' Information:- N C S ELECTRICALS INDIA LTD [Strike Off] CIN = U31300DL1982PLC013233

Company & Directors' Information:- A S INFRAPROJECTS PRIVATE LIMITED [Active] CIN = U74899DL2005PTC141725

Company & Directors' Information:- B K ELECTRICALS PRIVATE LIMITED [Active] CIN = U31909DL2005PTC134388

Company & Directors' Information:- D J INFRAPROJECTS PRIVATE LIMITED [Active] CIN = U45203GJ2013PTC077618

Company & Directors' Information:- D P S SOUTHERN PVT LTD [Strike Off] CIN = U72200KL1983PTC003788

Company & Directors' Information:- E INDIA ELECTRICALS PRIVATE LIMITED [Active] CIN = U74999DL2015PTC276416

Company & Directors' Information:- M M K POWER PRIVATE LIMITED [Strike Off] CIN = U40106AP1998PTC030796

Company & Directors' Information:- M J ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U99999MH1984PTC032408

Company & Directors' Information:- B C ELECTRICALS PVT LTD [Active] CIN = U31200WB1988PTC044210

Company & Directors' Information:- BHARAT A TO Z PRIVATE LIMITED [Active] CIN = U15490MH2021PTC365393

Company & Directors' Information:- V V ELECTRICALS PRIVATE LIMITED [Active] CIN = U31400TG2015PTC098219

Company & Directors' Information:- D P H ELECTRICALS PRIVATE LIMITED [Active] CIN = U31909DL2009PTC186700

Company & Directors' Information:- C R E M POWER PRIVATE LIMITED [Strike Off] CIN = U40101DL2001PTC111631

Company & Directors' Information:- D T POWER PRIVATE LIMITED [Strike Off] CIN = U40300AP2015PTC097226

Company & Directors' Information:- K & G ELECTRICALS PRIVATE LIMITED [Active] CIN = U31908DL2008PTC176859

Company & Directors' Information:- O L G POWER P LTD [Active] CIN = U30007TN1991PTC020898

Company & Directors' Information:- G S R ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U31908KA2011PTC058093

Company & Directors' Information:- NEW POWER ELECTRICALS PRIVATE LIMITED [Active] CIN = U31909MH1996PTC104397

Company & Directors' Information:- G S POWER LIMITED [Strike Off] CIN = U40102KA2010PLC054033

Company & Directors' Information:- J K ELECTRICALS PRIVATE LIMITED [Active] CIN = U31501DL2011PTC218538

Company & Directors' Information:- POWER AND POWER PVT LTD [Active] CIN = U31300AS1989PTC003282

Company & Directors' Information:- F T S ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U29191WB1997PTC086018

Company & Directors' Information:- S K INFRAPROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400MH2010PTC207242

Company & Directors' Information:- D. A. INFRAPROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400WB2009PTC138698

Company & Directors' Information:- P D M POWER PRIVATE LIMITED [Active] CIN = U40104AS2014PTC011780

Company & Directors' Information:- S B S POWER PRIVATE LIMITED [Strike Off] CIN = U40100AP2012PTC083965

Company & Directors' Information:- B S P HEAVY ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U31100KA1995PTC018488

Company & Directors' Information:- S AND C ELECTRICALS INDIA PRIVATE LIMITED [Strike Off] CIN = U31200TN2008PTC066922

Company & Directors' Information:- J. B. ELECTRICALS PRIVATE LIMITED [Active] CIN = U51900MH2006PTC159750

Company & Directors' Information:- B & G POWER LIMITED [Active] CIN = U40105PB2010PLC033765

Company & Directors' Information:- M. L ELECTRICALS PRIVATE LIMITED [Active] CIN = U31401MH2008PTC184853

Company & Directors' Information:- D. K. ELECTRICALS PRIVATE LIMITED [Active] CIN = U51101MH2011PTC221573

Company & Directors' Information:- R J ELECTRICALS PRIVATE LIMITED [Active] CIN = U40300DL2007PTC161839

Company & Directors' Information:- K R ELECTRICALS PVT LTD [Active] CIN = U45309KL1975PTC002663

Company & Directors' Information:- J P ELECTRICALS INDIA PRIVATE LIMITED [Strike Off] CIN = U74899DL1987PTC029523

Company & Directors' Information:- M B INFRAPROJECTS PRIVATE LIMITED [Active] CIN = U45201GJ2013PTC076003

Company & Directors' Information:- G V ELECTRICALS PVT LTD [Active] CIN = U28920MH1985PTC035529

Company & Directors' Information:- A T ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC073323

Company & Directors' Information:- S POWER PRIVATE LIMITED [Active] CIN = U19202DL1986PTC026505

Company & Directors' Information:- L R ELECTRICALS PRIVATE LIMITED [Active] CIN = U74899DL1985PTC021712

Company & Directors' Information:- G M POWER PRIVATE LIMITED [Strike Off] CIN = U40105PN2003PTC017857

Company & Directors' Information:- POWER INDIA PVT LTD [Strike Off] CIN = U31102WB1983PTC036315

Company & Directors' Information:- A. P. INFRAPROJECTS PRIVATE LIMITED [Amalgamated] CIN = U70100WB2010PTC150715

Company & Directors' Information:- S AND S POWER PRIVATE LIMITED [Active] CIN = U40109PY2004PTC001824

Company & Directors' Information:- U S POWER PRIVATE LIMITED [Under Process of Striking Off] CIN = U40103MH2009PTC189364

Company & Directors' Information:- R N INFRAPROJECTS PRIVATE LIMITED [Active] CIN = U70109WB2010PTC155964

Company & Directors' Information:- T. R. INFRAPROJECTS PRIVATE LIMITED [Active] CIN = U70200WB2011PTC161197

Company & Directors' Information:- A. D. ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U74999WB2010PTC154952

Company & Directors' Information:- J AND J ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U31100DL1988PTC034110

Company & Directors' Information:- DELHI INFRAPROJECTS PRIVATE LIMITED [Active] CIN = U45204DL2010PTC206735

Company & Directors' Information:- K P M POWER PRIVATE LIMITED [Strike Off] CIN = U40102KA2008PTC046804

Company & Directors' Information:- B N B ELECTRICALS PVT. LTD. [Strike Off] CIN = U51395RJ1983PTC002651

Company & Directors' Information:- S. K. ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U29308UP1995PTC018037

Company & Directors' Information:- POWER-X PRIVATE LIMITED [Strike Off] CIN = U99999DL1970PTC005331

Company & Directors' Information:- S K POWER INDIA PRIVATE LIMITED [Strike Off] CIN = U31101KA2006PTC039172

Company & Directors' Information:- A C E ELECTRICALS PVT LTD [Strike Off] CIN = U32201GJ1987PTC009880

Company & Directors' Information:- I AND I ELECTRICALS PRIVATE LIMITED [Active] CIN = U51395RJ1988PTC004250

Company & Directors' Information:- R G D POWER PRIVATE LIMITED [Strike Off] CIN = U41000TG1996PTC023809

Company & Directors' Information:- B B ELECTRICALS PRIVATE LIMITED [Active] CIN = U31200MH1978PTC020462

Company & Directors' Information:- R. S. S. ELECTRICALS PRIVATE LIMITED [Under Process of Striking Off] CIN = U51909UP2014PTC064814

Company & Directors' Information:- R. C. INFRAPROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200JK2009PTC003045

Company & Directors' Information:- G D ELECTRICALS PRIVATE LIMITED [Active] CIN = U51505DL2003PTC120403

Company & Directors' Information:- R R ELECTRICALS PVT LTD [Active] CIN = U31909GJ1980PTC003764

Company & Directors' Information:- A 2 Z ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U31401WB2012PTC186695

Company & Directors' Information:- M M R POWER PRIVATE LIMITED [Active] CIN = U31104DL2008PTC174079

Company & Directors' Information:- S J POWER PRIVATE LIMITED [Strike Off] CIN = U45207HR2012PTC045937

Company & Directors' Information:- M K ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U31101UP1988PTC009605

Company & Directors' Information:- SOUTHERN ELECTRICALS PVT LTD [Strike Off] CIN = U93090TN1964PTC005188

Company & Directors' Information:- T C POWER PRIVATE LIMITED [Strike Off] CIN = U40101PB2009PTC033405

Company & Directors' Information:- J. B. INFRAPROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400MH2007PTC171880

Company & Directors' Information:- D J ELECTRICALS PRIVATE LIMITED [Active] CIN = U32106MH2006PTC159195

Company & Directors' Information:- H. & T. POWER PRIVATE LIMITED [Active] CIN = U40106MH2016PTC287646

Company & Directors' Information:- S & O POWER PRIVATE LIMITED [Active] CIN = U40107MH2010PTC206447

Company & Directors' Information:- V D M-POWER PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262999

Company & Directors' Information:- G R ELECTRICALS PRIVATE LIMITED [Active] CIN = U74120MH2011PTC216648

Company & Directors' Information:- D N ELECTRICALS PRIVATE LIMITED [Active] CIN = U74120MH2011PTC225500

Company & Directors' Information:- V S P INFRAPROJECTS PRIVATE LIMITED [Active] CIN = U45400TG2011PTC072937

Company & Directors' Information:- T I R ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U40300UP2013PTC055734

Company & Directors' Information:- S. L. INFRAPROJECTS PRIVATE LIMITED [Active] CIN = U41000UP2011PTC043443

Company & Directors' Information:- A C R POWER PRIVATE LIMITED [Strike Off] CIN = U74900UP2010PTC040987

Company & Directors' Information:- W N POWER PRIVATE LIMITED [Strike Off] CIN = U40101JK2013PTC004009

Company & Directors' Information:- J P S ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U31300DL1998PTC096590

Company & Directors' Information:- A. M. INFRAPROJECTS PRIVATE LIMITED [Active] CIN = U45400DL2007PTC168756

Company & Directors' Information:- M F ELECTRICALS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC062541

Company & Directors' Information:- L & R INFRAPROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400DL2014PTC263884

Company & Directors' Information:- A & J INFRAPROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400DL2014PTC274530

Company & Directors' Information:- S N R INFRAPROJECTS PRIVATE LIMITED [Strike Off] CIN = U74120DL2008PTC185742

Company & Directors' Information:- G P G ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U52100DL2010PTC198115

Company & Directors' Information:- C K S POWER PRIVATE LIMITED [Strike Off] CIN = U40101KA2010PTC052199

Company & Directors' Information:- G C I POWER PRIVATE LIMITED [Active] CIN = U40107KA2010PTC053656

Company & Directors' Information:- A. G. P. ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U31103GJ2011PTC064199

Company & Directors' Information:- R. C. POWER PRIVATE LIMITED [Strike Off] CIN = U40100GJ2009PTC058005

Company & Directors' Information:- J R J POWER PRIVATE LIMITED [Active] CIN = U40300GJ2015PTC082396

Company & Directors' Information:- M-D REGION INDIA PRIVATE LIMITED [Active] CIN = U74999UP2019PTC115616

Company & Directors' Information:- E & S INFRAPROJECTS PRIVATE LIMITED [Active] CIN = U45500GJ2020PTC115947

Company & Directors' Information:- U A ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U32109DL1992PTC050703

Company & Directors' Information:- R & T INFRAPROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400MH2008PTC185049

Company & Directors' Information:- D V N POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG2007PTC053069

Company & Directors' Information:- A. R. POWER PRIVATE LIMITED [Strike Off] CIN = U74999DL2007PTC161616

Company & Directors' Information:- D V J ELECTRICALS PVT LTD [Strike Off] CIN = U31103WB1988PTC043721

Company & Directors' Information:- BHARAT CORPORATION PVT LTD [Strike Off] CIN = U74999CH1946PTC001103

Company & Directors' Information:- D L F ELECTRICALS PVT LTD [Strike Off] CIN = U27101DL1984PTC018955

    Arb. O.P. No. 426 of 2021

    Decided On, 29 July 2021

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR

    For the Petitioner: S. Vijay Kumar, Advocate. For the Respondent: Chethan Sagar, Advocate.



Judgment Text

(Prayer: Original Petition has been filed under Section 11 (4) & (6) of the Arbitration and Conciliation Act, 1996, to appoint an Arbitrator to hear and decide the disputes between the parties arising out of LOI through Fax bearing No.BHEL:PSSR:SCT:1319, dated 11/16.3.2009.)1. This Arbitration Original Petition has been filed to appoint an Arbitrator to hear and decide the disputes between the parties arising out of LOI through Fax bearing No.BHEL:PSSR:SCT:1319, dated 7/7/2009.2. Heard Mr.S.Vijayakumar, learned counsel for the petitioner and Mr.Chethan Sagar, learned counsel for the respondent.3. The respondent had issued a notice inviting Tender, for handling of site stores/storage yard, transportation to site of work, erecting, testing & commissioning of complete Boiler structures, pressure parts, etc. The date of contract is 6/11/2007. The period of completion is originally eight months. The work was completed only on 30/9/2010. The petitioner claimed extra expenses of Rs.7,27,066 and again laid a claim on 14/11/2013 for a sum of Rs.9,90,53,560/- (Rupees Nine crores ninety lakhs fifty three thousand five hundred and sixty only). However the respondent had rejected the claim of the petitioner, by letter, dated 26/6/2014, on various grounds. Thereafter, the petitioner, made a representation to the respondent for making the payment towards claim and dispute. Again the petitioner was invited for negotiation by the respondent, on 9/4/2015. Negotiation had continued till 6/10/2016. In the year 2018, the petitioner Company went on liquidation and thereafter, the appointment of Interim Resolution Professional was confirmed as Resolution Professional (RP) by the Tribunal on 22/4/2019. After the appointment of Interim Resolution Professional, Committee of Creditors was formed and steps were taken for resuming talks with the respondent. Though the petitioner has sent a letter, dated 9/3/2021 calling upon the respondent to nominate an Arbitrator, no steps have been taken by the respondent. Hence the petitioner has come forward with the present Arbitration Original Petition.4. Counter affidavit was filed by the respondent, wherein it is stated that the maintenance period/guarantee period of the Contract stood completed on 13/2/2012. The arbitration clause ought to have been invoked within three years from the said date, present Arbitration Original Petition and the claims made by the petitioner are clearly barred by limitation.5. It is further stated in the counter affidavit that the scope of work was completed and all payment obligations were fulfilled by the respondent. After seven years, all of a sudden, the petitioner has invoked the arbitration clause, contained in the Contract, vide, its letter, dated 9/3/2021, is clearly barred by limitation.6. It is the further contention that this claim is only with regard to the damages when the claim itself is repudiated and rejected in the year 2014 invoking arbitration in the year 2021 would not be permissible and the claim is hopelessly barred.7. The main submission of the learned counsel for the petitioner is that the petitioner has a claim of Rs.9,90,53,560/- against outstanding bills and claims against the respondent for the work done as per the contract and the same is not yet paid by the respondent.8. From the materials available on record, it is clear that the factors of of rejection of claims was informed to the petitioner, vide respondent’s letter, dated 26/6/2014. Appointment of an Arbitrator is sought for to enter into the reference with regard to the dispute said to have been arisen in respect of the damages payable by the respondent. It is not disputed by the petitioner that the final bill has already settled as early as on 26/11/2014. What was sought to be agitated is only for damages. The claim for damages was rejected in the year 2014 itself. Though there are subsequent correspondence, inviting the petitioner for negotiation, mere exchange of correspondence and negotiation will not automatically extend the period of limitation. The rejection was admittedly made in the year 2014. Therefore, any such claim or damages ought to have been made within three years from the date of rejection.9. The Hon’ble Supreme Court, in a judgment of UTTARKHAND PURV SAINIK, KALYAN NIGAM LIMITED Vs. NORTHERN COAL FIELD LIMITED (2020) 2 SCC –455), has held that the limitation is a mixed question of fact and law. The issue of limitation being a jurisdictional issue, can be decided by the Tribunal, under Section 16 of the Act.10. In the judgment of the Hon’ble Apex Court in SECUNDERABAD CANTONMENT BOARD Vs. B.RAMACHANDRAIAH & SONS (Civil Appeal Nos.900-902 of 2021) dated 15/3/2021, considering the various judgments includin

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g the UTTARAKHAND PURV SAINIK, KALYAN NIGAM LIMITED, has held that Application under Section 11 of the Act, themselves being hopelessly time barred, no arbitrator could have been appointed by the High Court.11. In view of the decision rendered by the Hon’ble Supreme Court, in SECUNDERABAD CANTONMENT BOARD Vs. B.RAMACHANDRAIAH & SONS, this Court is of the considered view that appointing an arbitrator in this instant Arb.O.P., is nothing but a futile exercise. Accordingly, this Arbitration Original Petition is dismissed.
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