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G. S. SANDHAWALIA, LAPITA BANERJI
Silicon Constructions Pvt. Ltd. – Appellant
Versus
Shoppers Stop Limited – Respondent
JUDGMENT
Ms. Lapita Banerji, J.
The challenge in the present appeal is a common judgment and order dated December 03, 2022 passed by Additional District Judge, Chandigarh whereby two applications under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the 1996 Act"), were dismissed.
2. Two arbitration petitions being Arbitration Petition No.508 of 2016 and Arbitration Petition No.513 of 2016 were preferred by the parties against the arbitral award dated July 3, 2016. The first petition was by the claimants/Shoppers Stop Limited and the second one was by the present appellant/M/s Silicon Constructions Private Limited, the counter claimant with which are concerned. Vide Award dated July 16, 2016, the learned sole arbitrator was of the view that the period of limitation from the date of accrual of the cause of action expired on September 15, 2012 i.e three years after the request for commencement of arbitral proceeding was made. Referring to Sections 3 and 21 of the 1996 Act and Article 22 of the Schedule-II of the Limitation Act, the learned arbitrator came to the finding that the claims of the claimants in the arbitration proceedings/respondents in
The limitation period for arbitration claims commences from the date of the Cure Notice, and claims not filed within three years are barred, affirming the arbitrator's findings.
The acknowledgment of liability extends the limitation period for claims, while counterclaims not acknowledged are barred by limitation.
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....
An application for arbitration is barred by limitation if filed beyond the three-year period stipulated, starting from the date the cause of action arose as determined by prior communications.
Refusal to frame issues on counterclaims violates fundamental principles of justice, warranting judicial intervention.
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