LAWS(SC)-2019-11-93

UTTARAKHAND PURV SAINIK KALYAN NIGAM LIMITED Vs. NORTHERN COAL FIELD LIMITED

Decided On November 27, 2019
Uttarakhand Purv Sainik Kalyan Nigam Limited Appellant
V/S
Northern Coal Field Limited Respondents

JUDGEMENT

(1.) The issue which has arisen for consideration is whether the High Court was justified in rejecting the application filed under Section 11 for reference to arbitration, on the ground that it was barred by limitation.

(2.) The factual background of the case arises from an agreement dated 21.12.2010 entered into between the parties, under which the Petitioner ­ Contractor was to provide security to the Respondent ­ Company around the clock on need basis, as per the agreed contractual rates.

(3.) Disputes arose between the parties with respect to payment of amounts under the contract by the Respondent ­ Company, and the deduction of the security amount from the running bills.