1 arbap110-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.110 OF 2010 Vijay H. Jaiswal, Proprietor of Three Circles ....Applicant V/s. Jawaharlal Nehru Port Trust & Anr. ....Respondents Mr.Udaya Shankar Samudrala for the Applicant. Mr.Amit Bhave i/b Milan Bhise & Co. for the Respondents. CORAM : S.J. VAZIFDAR, J. DATE : 27TH JANUARY, 2011. P.C. :- 1. The arbitration application has been filed under section 11 of the Arbitration and Conciliation Act, 1996. 2. There is no dispute that the contract dated 27.5.1996 was entered into between the parties and that clause 65 contains the arbitration agreement. The applicant had, in the year 1999, invoked the arbitration clause pursuant to which the disputes and differences between the parties were referred to arbitration. It is pertinent to note that two amendments were sought before the arbitral tribunal. The same were granted. Thereafter, the arbitral tribunal made and published an award dated 25.4.2009. The respondents have challenged the same by filing Arbitration Petition No.648 of 2009, which is pending in this Court. 3. The applicant now seeks to refer a further claim in the sum of Rs.25,00,000/-. This is sought to be done by a fresh reference. The cause 2 arbap110-10 of action for this claim, if any, admittedly arose at the same time as the other claims. There is nothing on record which even remotely suggests that the claim is alive. The claim is ex-facie barred by limitation. Nor is there anything on record which suggests that the bar of limitation is saved in any manner. In this view of the matter, it is not necessary to consider whether the claim is barred by the provisions of Order 2 Rule 2 of the Code of Civil Procedure or principles analogous thereto. 4. The arbitration application is therefore, dismissed.