Nanneti Yacobu v. M/S Sriram City Union Finance Ltd.,

THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN THE HON'BLE SRI JUSTICE N. BALAYOGI CIVIL REVISION PETITION No. 3589 of 2017 ORDER: (Per VRS,J) The petitioner has come up with the above revision, under Article 227 of the Constitution, challenging the very arbitration proceedings initiated by the respondent herein. 2.

Heard Mr. K.L.N. Swamy, learned counsel for the petitioner. 3.

The short ground, on which the petitioner has come up with this revision, is that the claim before the arbitrator was time barred one and that the same ought not to have been entertained. But, it is well settled that limitation is a mixed question of fact and law. The petitioner should file a written statement and raise all objections and invite an award, only after which, he can take recourse to the legal remedies.

4.

This Court does not exercise supervisory jurisdiction in the strict sense of the term over all arbitration proceedings, to enable this Court to strike off the claim petition before the arbitrator. The arbitrator himself under Section 16 has the power to determine his competence. Therefore, leaving it open to the petitioner to raise all objections to the issue of jurisdiction and limitation before the arbitrator himself, the Civil Revision Petition is dismissed.

Consequently, miscellaneous petitions if any pending in the revision shall stand dismissed. No order as to costs. __________________________ V. RAMASUBRAMANIAN, J ________________ N. BALAYOGI , J 25th July, 2017 cbs

THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN √ THE HON'BLE SRI JUSTICE N. BALAYOGI C.R.P.No.3589 of 2017 (dismissed) 25th July, 2017 cbs

*THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN *THE HON'BLE SRI JUSTICE N. BALAYOGI +C.R.P.No. 3589 of 2017 % 25-07-2017 # Nanneti Yacobu .. Petitioner Vs.

$ M/s. Sriram City Union Finance Limited, Ganapavaram,W.G.Dt.

.. Respondent <GIST:

>HEAD NOTE:

! Counsel for petitioner : Mr. K.L.N. Swamy ^ Counsel for respondent : None ? CASES REFERRED : ----