P. Shailaja &
Ors. Vs. M. Narender Reddy & Ors.  INSC 861 (30 April 2009)
JURISDICTION CIVIL APPEAL NO. 944 OF 2008 P. SHAILAJA & ORS.
.......APPELLANT(S) Versus ORDER We have heard learned counsel for the parties.
We observe from the impugned order of the High Court dated 29/9/2006 that the
Hon'ble Judge has given findings that the arbitration agreement was not legally
valid, that the claim was stale and time barred. We are of the opinion that
these findings are on the merits of the case and it was not open to the Court
to decide this issue as these matters were to be left for the decision of the
In this view of the
mater, we are of the opinion that the impugned order has to be set aside. It
is, accordingly, set aside. We also request Hon'ble Mr. Justice B.P. Jeevan
Reddy, a retired Judge of this Court, to be the sole arbitrator to settle the
disputes between the parties. We clarify that the expenses for the arbitration
will be borne by the appellant. We further request the arbitrator to take a
decision in the matter as expeditiously as possible. All contentions including
the question of limitation and as to the stale nature of the claim will be open
before the arbitrator.
The appeal is allowed
in the above terms. No costs.
( HARJIT SINGH BEDI )