Prakash Tatia, J. - (1.) HEARD learned Counsel for the parties.
(2.) ALL these matters are co -related having identical facts though the claims are different in each applications. So far as the different claims are concerned, it is apparent from the arbitration application. It is, therefore, by taking fact of one case, all these matters are being decided by a common order. Learned Counsel for the Petitioner submitted that Petitioner was allotted work for construction of 64 numbers of Miners quarters by the Respondent -company in the year 1986 to be completed within 12 months from the date of work order. However, the said work was completed in the year 1989 i.e. after a delay of 24 months which delay was due to latches on the part of Respondent as per the Petitioner and the Petitioner's dues were not paid. According to the learned Counsel for the Petitioner, the Respondent -Company itself has given a letter dated 03.1.2005 to the Petitioner showing therein the statement of all old cases of civil capital work done by the Petitioner showing also Rs. 1,23,000/ - as dues amount against work and Rs. 1,00,000/ - as earnest money. Thereafter, the Petitioner served notice upon the Respondent -Company on 12.4.2007 and also gave several reminders. Thereafter, the Petitioner had no option but to make a request for appointment of an arbitrator in terms of the arbitration Clause, therefore he gave notice for appointment of arbitrator to Respondent.
(3.) IT is clear from the facts stated in the petition itself that work order was given in the year 1986 containing clause of completion of work within 12 months and admittedly the work was completed in the year 1989. Therefore, all amount of the Petitioner became due in the year 1989 itself but because of the letter dated 3.1.2005 addressed to the Staff Officer, Civil, one of the Branches of the Respondent Company endorsing the copy of the statement of the old cases showing therein due amounts of Petitioner also cannot extend the period of limitation as the period of limitation by acknowledgment or by part payment can extend the period of limitation of the debt which is within the period of the limitation.;