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J.C. Budhraja Vs. Chairman, Orissa Mining Corporation Ltd. and anr.

Court : Supreme Court of India

Subject : ArbitrationLimitation

Acts : Arbitration Act, 1940 - Sections 8, 8(2), 18, 30 and 37(3); Orissa Arbitration (Amendment) Act, 1984 - Sections 41A; Limitation Act, 1963 - Sections 18, 18(1) and 20; Limitation Act, 1908 - Sections 19; Code of Civil Procedure (CPC) - Order 22, Rule 3

Reported in : AIR2008SC1363; 2008(1)ARBR238(SC); 2008(3)MhLj33; (2008)8MLJ179(SC); 2008(1)SCALE597; (2008)2SCC444; 2008AIRSCW800; 2008(2)ICC584

for a suit is calculated as on the date of filing of the suit. In the case of arbitration, limitation for the claim is to be calculated on the date on which the arbitration is deemed to have

Tvc India Pvt. Ltd. Vs. Abn Amro Bank N.V.

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 11(6); Limitation Act - Schedule - Article 137

Reported in : 2008(1)ARBLR579(Delhi); 148(2008)DLT262; 2008(101)DRJ710

petitioner has filed this petition against the respondent seeking appointment of an Arbitrator under Section 11(6) of the Arbitration & Conciliation Act, 1996.2. Briefly stated the facts of the case are as follows:3. The petitioner is engaged … the respondent has raised a preliminary objection to the maintainability of the present petition on the ground of limitation. Mr. Nigam has contended that the contract between the parties was terminated by the respondent on 30.11.2002 to

Panchu Gopal Bose Vs. Board of Trustees for Port of Calcutta

Court : Supreme Court of India

Subject : ArbitrationLimitation

Acts : Arbitration Act, 1940 - Sections 5, 7, 8, 12(1), 19, 33 and 37; Indian Limitation Act, 1908 - Sections 3 and 14; Limitation Act, 1623; Judicature Act, 1925 - Sections 94

Reported in : AIR1994SC1615; 1993(3)ALT6(SC); JT1993(3)SC537; (1993)104PLR775; 1993(2)SCALE696; (1993)4SCC338; [1993]3SCR361

ORDERK. Ramaswamy, J.1. These three Special Leave Petitions arise out of Arbitration Agreement said to he executed by the petitioner on May 27, 1978 which provided that the petitioner had … Act, 1940 for short 'the Act'. The learned Single Judge held that the claim was hopelessly barred by limitation. There was no proof that the petitioner had sent any claim in July, 1979. Since the claim was

i.T.C. Ltd. Vs. George Joseph Fernandez and anr.

Court : Kolkata

Subject : ArbitrationLimitation

Acts : Arbitration Act, 1940 - Section 34; ;Imports and Exports (Control) Act, 1947 - Section 5; ;Limitation Act, 1963 - Section 14

Reported in : AIR1982Cal440

stay asked for and directing the parties to take immediate steps for initiation of the reference under the arbitration agreement contained in the contract mentioned in the plaint. The judgment was passed on an application under Section … go before the arbitrator the claim of the plaintiff might be considered to be barred by law of limitation and if that was so then, this was a factor which should be taken into consideration in exercising

Lilawati Gupta and ors. Vs. Union of India (Uoi) and anr.

Court : Guwahati

Subject : ArbitrationLimitation

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 141 - Order 22; Limitation Act, 1963 - Schedule - Articles 120 and 137; Arbitration Act, 1940 - Sections 6

(DB). As no period of limitation, contends Mr. Lall, is prescribed for an application seeking substitution in an Arbitration proceeding, the learned Court below fell into error in holding that the application for setting aside the Award

Mrs. Pushpa P. Mulchandani and ors. (All Petitioners Through Constitut ...

Court : Mumbai

Subject : ArbitrationLimitation

Acts : Arbitration and Conciliation Act, 1996 - Sections 9, 34(3), 43, 82 and 85(2); Code of Civil Procedure (CPC), 1908 - Sections 24(1) and 141 - Order 1, Rule 10; Arbitration Act, 1940 - Sections 9, 14, 37(1) and 41- Order 1, Rule 8 - Rules 772 to 789; Indian Limitation Act, 1963 - Sections 2, 4 to 24, 29 and 33 - Articles 119 and 137; Constitution of India - Article 226; Indian Limitation Act, 1908 - Article 181; Income Tax Act, 1922 - Sections 26-A; Representation of People Act, 1951 - Sections 81; Motor Vehicles Act, 1939 - Sections 58 and 58(3)

Reported in : 2001(2)ARBLR284(Bom); 2001(1)BomCR592; (2001)1BOMLR169; 2000(4)MhLj819

the power of the Court with regard to condonation of delay which was considerably whittled down under the Arbitration and Conciliation Act, 1996 ('1996 Act').3. Mr. Bulchandani, learned counsel for the review petitioners, contends that Section 141 … for impleading one Haresh Melwani was liable to be rejected and also held that Section 21(1) of the Limitation Act, 1963 could not enlarge the power of the Court with regard to condonation of delay which was

Corn Products Company (India) Limited Vs. Ayaz Ghadiya and Another

Court : Mumbai

Subject : ArbitrationLimitation

Acts : Arbitration Act, 1940 - Sections 2, 3, 8, 9, 20, 30 and 33; Limitation Act, 1963 - Schedule - Article 137; Indian Companies Act, 1913; Companies Act, 1956

Reported in : AIR1997Bom331; 1997(3)ALLMR91; 1997(3)BomCR83; (1996)98BOMLR902; 1997(2)MhLj83

ORDER1. By this Petition, the Petitioners seek declaration that there is no valid, binding or subsisting arbitration agreement between the Petition and the 1st Respondent and that the invocation of arbitration pursuant to the arbitration … may assert by instituting proceedings in a Court of law if the claim has not become barred by limitation. Merely, because petitions to have the Petitioners' Company wound up under the provisions of The Companies Act, 1956

Savitra Khandu Beradi Vs. Nagar Agricultural Sale and Purchase Co-oper ...

Court : Mumbai

Subject : ArbitrationLimitation

Acts : Limitation Act, 1908 - Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25; Arbitration Act, 1940 - Sections 6, 6(1), 7, 12, 36, 37 and 46; Bombay Co-operative Societies Act, 1925 - Sections 54 and 54-A; Bombay Co-operative Societies Rules, 1927 - Rule 35; Constitution of India - Article 227; Arbitration Act, 1899; Limitation Act, 1623; Judicature Act, 1873

Reported in : AIR1957Bom178; (1957)59BOMLR425; ILR1958Bom39

raised on the merits of the claim made by the Society. The Tribunal held that to proceedings in arbitration, under Section 54 of the Co-operative Societies Act, the law of limitation did not apply. They observed that

Maharashtra State Co-operative Cotton Growers' Marketing Federation Lt ...

Court : Mumbai

Subject : ArbitrationLimitation

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 11 and 26 - Order 6, Rule 17; Limitation Act, 1963 - Sections 2(1), 21, 21(1) and 22; Arbitration Act, 1940 - Sections 2, 21 and 30; ; Limitation Act, 1908 - Sections 22

Reported in : 1992(1)BomCR485

the petitioner No. 1 (who was then the sole petitioner) filed this petition under section 33 of the Arbitration Act. 1940, impugning the original Award dated 3rd May, 1985 made by respondents Nos. 2 and 3 Arbitrators … lapse of time resulting from non-filing of the petition by the petitioner No. 2 within the period of limitation. By an order date 29th January, 1988, the said application was rejected by Pendse, J. By an order

Airport Authority of India, National Airports Division and the Airport ...

Court : Mumbai

Subject : ArbitrationLimitation

Acts : Arbitration Act, 1940 - Sections 8, 8(2), 14, 14(2), 16(1), 20(4), 30, 32, 33, 39, 39(1), 39(6), 41 and 47; Limitation Act, 1963 - Schedule - Articles 119 and 137; Limitation Act, 1908 - Schedule - Article 178; Arbitration Rules; Code of Civil Procedure (CPC) , 1908 - Order 22

Reported in : 2009(111)BomLR3489

B.P. Dharmadhikari, J.1. In this Appeal under Section 39 of the Arbitration Act, 1940; the Employer challenges the order dated 18/1/2006 passed by Civil Judge, Senior Division, Vasco-da-Gama in Special … and it upheld the objection of contractor/ present Respondent that it was barred under Article 119(a) of the Limitation Act. The Respondent has also filed a cross-objection as its prayer to set aside that award on the