MACKINTOSH BURN LTD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE request under Section 11(6) of the Arbitration and Conciliation Act, 1996 cannot be entertained since it does not appear that there is any live claim to be taken to an arbitral reference.

(2.) THE petitioner furnishes the following facts: i) That the work was completed by the petitioner by or about December, 2001; ii) That the final bill along with third R.A. bill was raised by the petitioner on the respondents on or about April 30, 2002 ; iii) That an interest bill was submitted on August 17, 2004 seeking interest at 15% per annum from January 21, 2002 against the outstanding amount covered by the third R.A. and final bill.

(3.) THERE does not appear to be any live claim which has been indicated in petition which may be carried to a reference. Accordingly AP 1024 of 2011 is dismissed. The petitioner will pay costs assessed at 100 GM to the respondents. A prayer by the petitioner to file a supplementary affidavit has been made but the same has been declined since the point of limitation was squarely taken in the affidavit-in- opposition and the petitioner had adequate opportunity to disclose appropriate documents in its affidavit-in-reply. Urgent certified photocopies of this order be made available to the parties, if applied for, upon compliance of all requisite formalities.