Limitation for filling claim petition before arbitrator
Harsh
(Querist) 03 October 2013
This query is : Resolved
Dear sir,
I have discussed this case with many advocate but no one is able to give clear picture.I am putting this query in front of you with lot of hope.PLs help me out
1.High court appointed arbitrator (retd justice satpal) in my case on 24.07.2009 without mentioning the date of appearance before the arbitrator.
2.Claimant appeared before the arbitrator on 21.06.2012 (APPROXIMATE 2 year 11 months from the date of appointment) with order copy of honble high court that you are appointed as arbitrator so pls interfere in the matter.Arbitrator issued summon to me as respondent to appear in the matter.
3.Claimant filed claim petition on 03.06.2013(APPROXIMATELY 4 year after appointment of arbitrator by high court)
Pls help me that whether the claim petition is within limitation or time barred.Pls provide citation if it is time barred
I would be really thankful to all the expert if you can solved my query.
Advocate Bhartesh goyal
(Expert) 03 October 2013
Claim filed by claimant before Arbitrator is absolutely time barred.Limitation to file claim is three years from the date of dispute/cause of action or from the appointment of Arbitrator.
Guest
(Expert) 03 October 2013
Your description is one-sided only. You have not made any mention about the fixation of dates of hearing, orders by the arbitrator and the actual proceedings before the arbitrator. Whether the claim is time-barred or not depends upon what date was fixed by the arbitrator for filing of the claim by the claimant.
In fact, not the claim, rather the action of the arbitrator seems to be challengeable, if not acted upon the HC order within the validity period of the order of the HC.
R.K Nanda
(Expert) 03 October 2013
claim petition is time barred.
Murali Krishna
(Expert) 03 October 2013
You have not specifically at whose instance arbitrator appointed.
If appointment of arbitrator is within your knowledge, and if you are respondent, you should have approached arbitrator under S.25 for termination of the proceedings. It appears, you did not do so. Under S.23, arbitrator is empowered to determine the time for submitting the statements etc.
However, being a party/respondent in the arbitration proceedings, you have to submit your reply along with the limitation plea before the arbitrator. Arbitrator is empowered to decide issues of limitation also. This will be a good ground to you if award comes against you.
ajay sethi
(Expert) 03 October 2013
submit your reply and raise plea of limitation as advised by experts .arbitrator will give a reasoned award after considering rival submissions
Guest
(Expert) 03 October 2013
Mr Harsh,
As you stated about other many advocates, whom you discussed, to have not given you clear picture, no one would be able to give you clear picture unles you give clear picture of the case on your part. I still believe, the case can rebounce on you if you tow on your own line based on one-way information and interpretation at your own.
It would be better for you if you get your case papers examined thoroughly to get his views on your own interpretations, as I have my own doubts, which restrains me from expressing my definite opinion on one-sided partial information.
Harsh
(Querist) 03 October 2013
Respected Mr P S DHINGRA,,
Pls ask your doubt I am ready to clear it.The arbitrators summoned me on 21.06.2012 but summon could not be served upon me because my office was changed and party don't have the correct address. Arbitrator published in newspaper for my appearence on 30 July 2013.As per my friend told me about publication I appeared before the arbitrator on 30.07.2013.Thereafter I filed my W/S BEFORE arbitrator within 30 days taking ground of limitation.THAT CLAIM PETITION IS FILED ON 03.06.2013 after 4 years of appointment of arbitrator by high court on 24.07.2009.THERE ARE NO SPECIFIC ORDER BY ARBITRATOR SATPAL FOR GIVING DIRECTION TO CLAIMANT TO FILE CLAIM PETITION.
Pls ask if there is any query I am ready to give you clear picture.
Guest
(Expert) 04 October 2013
I have already expressed my opinion on your phonic talk, as limitations depend upon various factors, which can be possible to be commented upon after detailed examination of your case. That is why you were advised to consult some local advocate. Since your advocate has filed w/s, he would have already given appropriate thought over the issue depending upon various factors. But still I have my own apprehensions about some weakness of your case.
