pvr 1 ap519-08 IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.519 OF 2008 Uttam Chand Garg. ...Petitioner vs. 1.Networth Stock Broking Ltd. and others. ...Respondents --- Mr.Sanjiv Punalekar i/b. PRS Legal, for Petitioner. Ms.Hiral Shah @ Parag Shah i/b. Mahesh Shah & Co., for Respondents. CORAM: D.K.DESHMUKH, J. DATED: 24th March,2011 P.C.: 1. By this petition, the petitioner challenges the Award passed by the learned Arbitrator dated 11.4.2008. The Award relates to the transaction on National Stock Exchange of India Ltd. The learned Arbitrator has held that pvr 2 ap519-08 the claim is barred by the law of limitation under the National Stock Exchange bye-laws which prescribed the period of limitation as six months from the date on which the claim, difference or dispute arose. The Tribunal has held that the dispute arose on 3.12.2006, and excluding the period which was taken by the Dispute Redressal forum, there is delay of 9 months 15 days. The only submission made by the learned Counsel appearing for petitioner was that the dispute did not arise in December,2006 because, according to him, the dispute arose on the date on which the claim is denied by the other side. According to the respondents, such a contention was never raised before the learned Arbitrator. In the petition, there is no statement that such a contention was raised before the learned Arbitrator. The contention is mixed question of law and facts and therefore, it has to be raised before the learned Arbitrator. It cannot be raised for the first time in the petition filed under Section 34 of the Arbitration and pvr 3 ap519-08 Conciliation Act. The petition, therefore, has no substance. It is rejected. (D.K.DESHMUKH,J.)