1 arp15-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.15 OF 2010 M/s.Anjali Enterprises ....Petitioner V/s. Yavateshwar Co-op. Hsg. Soc. Ltd. ....Respondent Ms.Saroj Jadhav with Ms.Neeta Karnik for the Petitioner. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 22ND OCTOBER, 2010. P.C. :- 1. The arbitration application has been filed under section 11 of the Arbitration and Conciliation Act, 1996. 2. The parties had entered into an agreement dated 1.4.1987 under which the petitioner was to carry out certain construction work for the respondent. Clause 19 thereof contains an arbitration agreement. 3. The disputes and differences arose between the parties. According to the petitioner an amount of Rs.4,33,371/- remained to be paid by the respondent in respect of the work carried out. The petitioner therefore filed a Special Civil Suit No.680 of 1996 in the court of Joint Civil Judge (Senior Division) Kalyan. The suit was dismissed on the ground that it was not maintainable for want of notice under section 164 of the Maharashtra Co-operative Societies Act. The merits of the claim were not considered. The learned advocate appearing on behalf of the petitioner 2 arp15-10 fairly tendered a copy of the judgment dated 12.3.2009. She further fairly pointed out that the learned judge has also noted that the claim had not been proved by the petitioner. 4. However, the Court having come to the conclusion that it had no jurisdiction to entertain the suit in view of section 164 of the said Act. The other observations are of no consequence. 5. The petitioner ultimately invoked the arbitration agreement by a letter dated 19.1.2010. 6. A serious question of limitation does arise in the present matter. Further the effect of the judgment of the learned Joint Civil Judge (Senior Division) Kalyan also requires consideration. Considering the facts of this case, the question of limitation and the effect of the said judgment ought to be left for the decision of the arbitrator. 7. The arbitration petition is therefore disposed of by appointing Mr.Justice S.K. Shah (Retd.) as a sole arbitrator.