Back
VIBHU BAKHRU, AMIT MAHAJAN
Anil Khandelwal – Appellant
Versus
The Registrar University of Delhi – Respondent
JUDGMENT
Vibhu Bakhru, J. - The appellant has filed the present appeal impugning an order dated 12.07.2022 (hereafter 'the impugned order') passed by the learned Commercial Court, Delhi whereby, the respondent's application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereafter 'the CPC') was allowed. Consequently, the suit filed by the appellant being CS(COMM) No.226/2019 captioned Shri Anil Khandelwal Proprietor M/s Nand Kishore Anil Kumar v. The Registrar, University of Delhi, was dismissed.
2. The learned Commercial Court accepted the respondent's plea that the suit was barred by limitation. The learned Commercial Court also observed that there was an arbitration agreement between the parties and therefore, the appellant could not invoke the jurisdiction of the Civil Court. Therefore, the aforementioned suit was not maintainable.
3. The principal controversy to be examined is whether the suit filed by the appellant was ex facie barred by limitation. And, whether the suit could be rejected as not maintainable on the ground that the parties had entered into an
The main legal point established is that the existence of an arbitration agreement does not preclude a party from filing a suit, and the applicability of the Limitation Act, 1963 to determine the tim....
Failure to raise claims for escalation in a timely manner and acceptance of payments in full and final settlement preclude further claims.
The court affirmed that claims in arbitration must be asserted within the limitation period, and undue delays in invoking arbitration can render claims invalid.
The main legal point established in the judgment is the application of the Limitation Act, 1963 to arbitration proceedings and the significance of acknowledging claims to extend the period of limitat....
Unilateral invoice without acknowledgment does not extend limitation for contract payment claims; warranty period does not postpone cause of action.
Article 113 of the Limitation Act reads as Any suit for which no period of limitation is provided elsewhere in the Schedule, the period of limitation is three years and the time begins to run when th....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
