M/S. EMM ENN ASSOCIATES vs COMMANDER WORKS ENGINEER .

The Supreme Court held that under Section 11 of the Arbitration and Conciliation Act, 1996, a party can seek appointment of an arbitrator only if a live dispute exists. The Court found that the appellant's claim was barred by the two-year limitation period as stipulated in the contract's Clause 67, which precludes recovery of over-payments beyond this period. Consequently, the Court upheld the High Court's dismissal of the application for arbitration, affirming that no arbitrable dispute existed.