Category: Limitation

Considering and allowing a time-barred claim makes the award contrary to public policy of India, and irrational, and perverse, and lacking in judicial approach

     Updates by Saurabh Tiwari

KM Suresh Babu v. Sundaram Finance Limited Madras High Court; single-judge bench, M Sundar J; 05 March 2020 A. THE BACKGROUND Sundaram Finance (SF) financed a truck to Suresh under a hire-purchase contract. Suresh defaulted on the repayment of instalments on 06 April 1999. SF seized the truck on 17

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Categories: Fundamental policy of Indian law |  Limitation |  Patent Illegality |  Public Policy of India |  Section 34  
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Appealing against an order closing the right to file written statement does not disentitle a party to seek reference to arbitration (Delhi High Court)

     Updates by Kriti

Shri Chand Construction and Apartments Private Ltd. and another v. Tata Capital Housing Finance Ltd.; 2020 SCC OnLine Del 472 High Court of Delhi; Single-judge bench, Rajiv Sahai Endlaw J, decided on 04 March 2020     A. PREFACE: SECTION 8 ACA, HOW TO APPLY AND WHEN TO APPLY TO

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Categories: "First statement on the substance of the dispute" |  "Not later than the date of submitting |  Arbitration agreement  |  Arbitration dispute |  Limitation |  Remove term: Power to refer parties to arbitration Power to refer parties to arbitration |  Waiver  

The enquiry under Section 11 is limited to examination of the existence of an arbitration agreement; no conflict in Geo Miller case and Uttarakhand Purv Sainik case (Bombay High Court)(14 January 2020)

     Updates by Editor

Shamsuddin v. Now Realty Ventures LLP, 2020 SCC OnLine Bom 100 High Court of Bombay; Single judge bench; G. S. Patel, J.; Decided on 14 January 2020 Prefatory Section 11 (6A) of the Arbitration and Conciliation Act, 1996 (“ACA”) was introduced by the 2015 Amendments. It provides that the Supreme

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Categories: Appointment of arbitrator |  Competence of arbitral tribunal to rule on its own jurisdiction |  Existence of arbitration agreement |  Jurisdiction of arbitral tribunal |  Kompetenz-kompetenz |  Limitation |  Limitation and jurisdictional question |  Section 11 |  Section 11 (6A)  

Limitation to file appeal under Section 37 from a Section 34 proceedings is a maximum of 120 days (Supreme Court of India)

     Updates by Aimen Reshi

NV International v State of Assam, 2019 SCC OnLine SC 1584 Supreme Court, 2-judge bench, Rohinton Fali Nariman and S Ravindra Bhat, JJ., decided on 6 December 2019 Background—Limitation under Section 34 and its effect on limitation under Section 37 as decided by the Supreme Court in Varindera Construction Section 37

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Categories: Appeal |  Appealable orders |  Limitation |  Limitation Act |  Limitation under Section 37 |  Set aside or refusing to set aside an arbitral award  

If preliminary issue (of claim being time barred) is decided on the basis of demurrer, the finding would remain a preliminary finding and cannot be foreclosed in trial; objection as to limitation is fundamental and substantive (Bombay High Court)

     Updates by Editor

Bhavik Bhimjiyani v. Urban Infrastructure Real Estate Fund and Others, 2019 SCC OnLine Bom 5104 Bombay High Court, single-judge bench, Ujjal Bhuyan J.; decided on 04 December 2019 A plea that the claimant’s claim was barred by limitation was raised decided on the basis of demurrer. The arbitrator informed the

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Categories: Demurrer |  Fundamental policy of Indian law |  Limitation |  Preliminary Issue |  Public Policy of India