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DELHI HIGH COURT
SANJEEV NARULA
Golden Chariot Recreations Pvt. Ltd. – Appellant
Versus
Mukesh Panika – Respondent
| Table of Content |
|---|
| 1. petitioner seeks access to arbitration despite prior rejection. (Para 1 , 2) |
| 2. petitioner's arguments on grounds of maintainability and limitation. (Para 3) |
| 3. respondents' counterarguments on limitation and res judicata. (Para 4) |
| 4. court's analysis of maintainability and limitation issues. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 5. court's final decision and cost imposition. (Para 14 , 15) |
JUDGMENT
[VIA VIDEO CONFERENCING]
Sanjeev Narula, J. (Oral):
ARB.P. 593/2020, I.A. 10525/2020 & I.As. 987-988/2021
1. The earlier rejection of a nearly identical petition, also filed by the Petitioner herein under Section 11 of the Arbitration and Conciliation Act, 1996, (in short `the Act'), for the same relief as sought in the present petition has not dissuaded it from making another attempt. The Petitioner asserts that notwithstanding the dismissal of the earlier petition, the instant petition is maintainable as a new cause of action has occurred. The Court is eager to know what this new cause of action is.
Brief Facts
2. Since the facts of the case have a long and chequered history leading to multiple litigations before this Court, it would be apposite to briefly not
A new cause of action cannot revive an arbitration petition previously dismissed as barred by limitation; the original denial of the agreement remains effective.
The main legal point established in the judgment is that a purportedly fresh cause of action cannot extend the limitation period for filing an arbitration petition, and the court may dismiss a petiti....
A dispute is arbitrable if it falls within the scope of an arbitration clause.
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