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MOUSHUMI BHATTACHARYA
Manish Todi – Appellant
Versus
Pawan Agarwal – Respondent
JUDGMENT
Moushumi Bhattacharya, J.—The petitioner seeks appointment of an arbitrator. The application has been filed under section 11(6) of The Arbitration and Conciliation Act, 1996.
2. The respondent has taken a point of maintainability of the application on the ground that the application is barred under the laws of limitation.
3. The decision which follows is on the question of maintainability, that is, whether the present application can survive the objection on limitation. The dispute as presented to the Court
4. A Memorandum of Understanding (MoU) was entered into between the parties on 28.3.2011 whereby the parties were to disassociate themselves from each other’s businesses. In short, the petitioner was to resign from the respondent’s business and was to receive Rs. 1.50 crores from the respondent in return. Disputes arose as the petitioner did not receive this money and with regard to properties where the parties were to construct residential flats. The petitioner issued a notice invoking the arbitration clause in the MoU on 11.3.2014. The petitioner was served with an award on 01.6.2015. The petitioner challenged the award under section 34 of the 1996 Act before the lear
Arbitration petition – Limitation – A claim which is time-barred cannot be resuscitated by taking recourse either to Sections 18 or 19 of Limitation Act.
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....
(1) Limitation Act, 1963 would apply to arbitrations as it applies to proceedings in court.(2) Appointment of Arbitrator – Limitation period for making an application seeking appointment of Arbitrato....
The court emphasized the peremptory language of section 34 of the Arbitration and Conciliation Act, 1996, and the requirement for sufficient cause to condone any delay in filing the application.
(1) Appointment of Arbitrator – Limitation – There is a fine distinction between plea that claims raised are barred by limitation and plea that application for appointment of Arbitrator is barred by ....
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.
The statutory limitation period under Section 34(3) of the Arbitration and Conciliation Act is inflexible, and applications filed beyond this period cannot be entertained.
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