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Work terminated fees not paid and now denying claim what can we do
28-Sep-2023 (In Civil Law)
Our work was terminated in the year 2008 . We invoked the Arbitration well within time of 3 years, but our client did not appointed any Arbitrator. Even till last 15 days we were after them to settle our claim. But last week our client sent a email against our email stating that since contract was terminated on 2.7.2008, civil suit is barred by the limitation act. This was never informed or replied any of the correspondence by them. Is it possible to get the Arbitrator be appointed through Court under section 11,
The Hon'ble Supreme Court in Shree Ram Mills Ltd. Vs. Utility Premises (P) Ltd., (2007) 4 SCC 599 has noted with approval the observations of the Hon'ble Supreme Court in M/s S.B.P. and Co. Vs. M/s Patel Engineering Ltd. and Anr.'s case and has discussed in para 27 of its judgment that the Chief Justice or his designate has to record his satisfaction that prima facie the issue has not become dead by lapse of time or that any party to the agreement has not slept over his right
beyond the time permitted by law to agitate the issue covered by the agreement.
Meaning thereby, you can still file an application under section 11 to get the arbitrator appointed.
beyond the time permitted by law to agitate the issue covered by the agreement.
Meaning thereby, you can still file an application under section 11 to get the arbitrator appointed.
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Dear ,
as far as appointmnt of arbitrator is concerned it was and should have been with mutual agreement , if a party denies or does not agree on an arbitrator then another arbitrator could have been appointed I think in your case another party was buying time or we can say they passed time probably in hope that once lapse of time will occur then they will give reference to limitation act. not only section 11 but there are certain other aspect in any case where condone of delay can be justified so you have a suitable case to file against that party /company.
as far as appointmnt of arbitrator is concerned it was and should have been with mutual agreement , if a party denies or does not agree on an arbitrator then another arbitrator could have been appointed I think in your case another party was buying time or we can say they passed time probably in hope that once lapse of time will occur then they will give reference to limitation act. not only section 11 but there are certain other aspect in any case where condone of delay can be justified so you have a suitable case to file against that party /company.
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Adv. Devesh Tripathi
Jaipur | 100+ Answers
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When did you invoke the Arbitration clause? You should definitely try for appointment of Arbitrator under section 11. The outcome of your proceedings would also depend upon your contract (for. Eg. Waiver clause).
You should take proper legal opinion and then plan your action.
You should take proper legal opinion and then plan your action.
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Adv. Siddharth Tatiya
Jodhpur | 200+ Answers
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