TMI Blog2022 (4) TMI 1032X X X X Extracts X X X X X X X X Extracts X X X X ..... claim the amount, due and payable, if any, can be said to have accrued in the year 1985/1986. Thereafter, the correspondences under the RTI Act had taken from the year 2012 onwards. Thereafter, for the first time, the appellant served a legal notice upon the General Manager, South Eastern Railway on 22.10.2018 requesting either to release the amount which was overdue or to refer the dispute to the arbitrator under clauses 63 64 of GCC under the 1996 Act. The aforesaid legal notice is thereafter followed by three to four letters/communications and thereafter the appellant herein filed the present application under Section 11(6) of the 1996 Act before the High Court in the year 2019. Merely because for the claim/alleged dues of 1985/1986, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the Calcutta High Court in Arbitration Petition No. 748/2019, by which the High Court has dismissed the said application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 1996 Act ), preferred by the appellant herein, the original applicant has preferred the present appeal. 2. That the appellant herein was issued work order in the year 1982. That the work was executed in the year 1986. According to the appellant herein, he executed excess quantity of work beyond the schedule quantity of work to be done. Therefore, he was entitled to the additional amount for the excess quantity of work done. It is the case on behalf of the appellant that a lot of correspondence was made by the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the arbitrator to resolve the dispute between the parties. By the impugned order, the High Court has dismissed the said application on the ground that the arbitration petition in 2019 is hopelessly barred by limitation. 2.2 Feeling aggrieved and dissatisfied with the impugned order passed by the High Court dismissing the arbitration petition under Section 11(6) of the 1996 Act on the ground that it is barred by limitation, the original applicant has preferred the present appeal. 3. Shri Pijush K. Roy, learned counsel appearing on behalf of the appellant has vehemently submitted that the High Court has materially erred in dismissing the arbitration petition under Section 11(6) of the 1996 Act on the ground of limitation. 3.1 It is s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 11(6) of the 1996 Act can be said to have accrued when the legal notice invoking arbitration clause and the request to appoint the arbitrator by the General Manager was made and the period of limitation would commence after 30 days of serving the legal notice invoking the arbitration clause and making a request to appoint arbitrator. 3.4 Making the above submissions, it is prayed to set aside the impugned order passed by the High Court. 4. We have heard Shri Pijush K. Roy, learned counsel appearing for the appellant at length. At the outset, it is required to be noted that in the present case, work order was issued on 7.4.1982 and the work/excess work was completed in the year 1986. Even as per the statement of claim, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erefore, the appellant, who served the legal notice invoking the arbitration clause and requesting for appointment of an arbitrator after a period of approximately thirty-two years, cannot contend that still his application under Section 11(6) of the 1996 Act be considered as the limitation would start from the date of serving the legal notice and after completion of 30 days from the date of service of the legal notice and invoking arbitration clause. 5. Now, so far as the reliance placed upon the decision of this Court in the case of Bharat Sanchar Nigam Limited (supra) is concerned, the said decision shall not be applicable to the facts of the case on hand. In the aforesaid decision, the Court was not dealing with such a situation wher ..... X X X X Extracts X X X X X X X X Extracts X X X X
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