On receipt thereof, the respondent filed an arbitration suits in the Calcutta High Court under ss.
5, 12 and 33 of the Arbitration Act, 1940 for short the Act.
dismissed the appeals.
From the Judgment and Order dated 18.12.1992 of the Calcutta High Court in Appeal from Original Order Nos.
It is his claim that while executing the work he sent the bills on July 12, 1979 but payment was number made.
On further appeals the division bench by its order dated December 18, 1992 in Appeal Nos 104/90 etc.
CIVIL APPELLATE JURISDICTION Special Leave Petition C Nos.
4304 06 of 1993.
1326, 1364 and 1365/90 dated November 23.
Since the Claim was made long after 10 years the arbitration cannot be proceeded with.
Panchugopal Bose in person for the Petitioner.
Accordingly finding that it to be an exceptional case for interference, the learned Single Judge cancelled the arbitration clause 68 of the companytract in matter Nos.
and 106 of 1991.
The Judgment of Court was delivered by RAMASWAMY.
P. Gupta, Solicitor General, A.K Sil and G. joshi for the Respondent.
J. These three Special Leave Petitions arise out of Arbitration Agreement said to be executed by the petitioner on May 27, 1978 which provided that the petitioner had to execute the work within 9 months.
For the first time he sent numberice on Nov. 28, 1989 to the respondent for reference to the arbitration.
