IN THE HIGH COURT OF BOMBAY AT GOA APPLN. FOR APPOINTMENT OF ARBITRATOR NO. 6 OF 2011 MCNALLY BHARAT ENGINEERING COMPANY LTD., ... Applicant Versus MORMUGAO PORT TRUST ... Respondent Mr. Nigel Da Costa Frias, Advocate for the applicants. Mr. V. B. Nadkarni, Senior Advocate with Mr. Y. V. Nadkarni, Advocate for the respondents. Coram:- S. C. DHARMADHIKARI, J. Date:- 18th March, 2011 P.C.:- This is an application for appointment of an Arbitrator, invoking this Court's jurisdiction under Section 11(6) of the Arbitration and Conciliation Act, 1996. 2. The applicants desire that the respondents should concur with the appointment of the Hon'ble Mr. Justice A.M. Ahmadi, Former Chief Justice of India, as a Sole Arbitrator to adjudicate upon the disputes between the applicants and the respondents. 3. The respondents have filed an affidavit and Mr. Nadkarni, learned Senior Counsel appearing for the respondents submits that the respondents would have no objection to the appointment, but they have raised a specific plea that the claim of the applicants is barred by Law of Limitation. In all fairness, my attention is invited to a Judgment of the Hon'ble Supreme Court in the case of National Insurance Co. Ltd., Vs. M/s. Boghara Polyfab Pvt. Ltd., reported in 2008 AIR SCW 7084. 4. From a perusal of the said Judgment, application and the affidavit, I am satisfied that in the facts peculiar to this case, issue of limitation will have to be left to be decided by the learned Sole Arbitrator. Accordingly, learned Sole Arbitrator is requested to take into account the plea of limitation while framing issues for consideration and rendering his findings thereon. All contentions of both sides on the plea of limitation, are kept open. Equally it is left to the learned Arbitrator to decide as to whether the issue of limitation can be taken up and decided as a preliminary issue and all pleas in that behalf are also kept open. Application is disposed of in the above terms. No costs. S. C. DHARMADHIKARI, J. ssm.