- (1.) The Eastern Coalfields Limited terminated the work order given to M/s. P. B. Enterprises in March, 1990 for construction of 64 units ofB type quarters (D/S) at Rajmahal area on 31-5-1995. Certain disputes arose between them in respect of the said work order. By letter dated 12-2-1996. M/s. P. B. Enterprises, petitioner herein requested the respondents concerned to refer the matter to an Arbitrator as per Clause 9 of the General Terms and Conditions of the Contract within thirty days of the receipt thereof.
(2.) The Chairman cum-Managing Director of the Eastern Coalfields Limited, Rajmahal Area, being the appointing authority of the Arbitrator as per the Arbitration agreement failed to appoint the Arbitrator in spite of receipt of the said letter dated 12-2-1996 and the reminders thereof. The petitioner, therefore, filed Request Case No. 45 of 1999 (R) in this Court under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter to be referred to as the Act) seeking reference of the dispute to the Arbitrator. The Chief Justice passed the following orders. "On the own showing of the petitioner, the cause of action to file the petition, i.e., the date when the claimants right to receive the claims accrued, was on 15-6-1995. At best, this could be stretched to 12-2-1996 when the claimant-petitioner sent notice to request to the respondents for payment of the amount in question or for reference of disputes to the Arbitrator. The petition for appointment of Arbitrator was filed on 12-10-1999, i.e. clearly beyond the prescribed period of limitation. The petition accordingly being time barred is dismissed".
(3.) The petitioner has challenged the said order dated 8-6-2001 in the present writ petition.;