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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

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 … 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

M. Venkata Rao Vs. Union of India (Uoi) Rep. by General Manager, South ...

Court : Andhra Pradesh

Subject : LimitationArbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 11(6) and 34; Limitation Act, 1963 - Sections 3, 20, 37 and 37(1) - Schedule - Article 137

Reported in : 2008(4)ALD479; 2008(2)ALT535

not arranged. The Department further pleaded in the counter that the claim of the Claimant was barred by limitation as the Claimant kept quiet since May, 1996 and put in claims only on 1-11-2001.4. The learned Arbitrator … Hyderabad, whereby and whereunder the learned Additional Chief Judge dismissed the application filed under Section 34 of the Arbitration and Conciliation Act, 1996, (for short, 'the Act').2. The parties entered into a contract for proposed repairs to

Visakhapatnam Port Trust Vs. Continental Construction Company

Court : Supreme Court of India

Subject : LimitationArbitration

Acts : Arbitration Act, 1940 - Sections 8, 9, 14(1), 17, 20, 30, 33, 37 and 37(3); Limitation Act, 1963 - Shedule - Article 137; Indian Limitation Act, 1908; Arbitration (Andhra Pradesh Amendment) Act, 1990

Reported in : JT2009(4)SC335; 2009(6)MhLJ162(SC); 2009(3)SCALE670; (2009)4SCC546; 2009(3)LC1442(SC); 2009AIRSCW2195; 2009(1)LHSC1419

contractor with regard to return of 950 jack rods valuing Rs. 9,65,155/-, VPT referred to the dispute to arbitration in the year 1975. The statement of claim was filed by VPT before the arbitrators on 4th June, … set aside the award of the arbitrators and held that the claim of the contractor was barred by limitation.7. The contractor challenged the judgment of the Principal Subordinate Judge, Visakhapatanam dated 16th February, 1994 by filing an

New Delhi Municipal Committee Vs. Tirath Ram Ahuja (P.) Ltd. and anr.

Court : Delhi

Subject : LimitationArbitration

Acts : Contract Act - Sections 28; Arbitration Act - Sections 20; ;Limitation Act, 1963 - Sections 20 - Schedule - Article 137; Code of Civil Procedure (CPC)

Reported in : AIR1990Delhi185

disputes to the arbitrator at his instance6 It was also contended that the present application was barred by limitation inasmuch as the same should have been brought within 28 days of the issuance of the final certificate … ORDERG.R. Luthra, J. 1. The present petition is under Section 20 of the Arbitration Act for appointment of an arbitrator in accordance with agreement between New Delhi Municipal Committee (hereinafter referred to

State of Andhra Pradesh and anr. Vs. Tippireddy Channareddy and ors.

Court : Andhra Pradesh

Subject : LimitationArbitration

Acts : Limitation Act, 1963 - Schedule - Articles 14(2), 113, 119 and 137; Arbitration Act, 1940 - Sections 3(2), 13, 14 (2), 15, 17, 29 and 167; Code of Civil Procedure (CPC), 1908 - Sections 9 - Order 41, Rules 5 and 23; Indian Contract Act, 1872 - Sections 23

Reported in : 1998(1)ALD441; 1998(1)ALT218

Matched in: Advocate Government Pleader for Arbitration Mr. Singam Venkata Subba Rao, Adv.

Union of India Vs. M/S. Swadeshi Karyalaya and Another

Court : Delhi

Subject : LimitationArbitration

Acts : Arbitration Act, 1940- Sections 8, 9, 16, 20, 21, 29, 37 and 41; Code of Civil Procedure (CPC), 1908 - Sections 34; Interest Act, 1978 - Sections 3 and 5; Indian Limitation Act - Sections 37; Constitution of India - Article 120

Reported in : AIR1991Delhi53

ORDER1. On filing of the award, which had earlier been remitted under Section 16 of the Arbitration Act, 1940, objections have been filed by the Union of India stating that the claim of the respondent-contractor … have been filed by the Union of India stating that the claim of the respondent-contractor was barred by limitation.2. On pleas of the parties following issues, as usual, were framed:--1. Whether the award is liable to be

Jagadhatri Rice Mills Vs. Food Corporation of India and anr.

Court : Kolkata

Subject : LimitationArbitration

Acts : Code of Civil Procedure (CPC) , 1908 - Section 115; ;Limitation Act, 1963 - Section 137; ;Arbitration Act, 1940 - Sections 34, 37(1) and 37(3); ;Food Corporation of India (Staff) Regulations, 1971

Reported in : I(2005)BC584,(2004)3CALLT320(HC)

1st Court, Hooghly for declaration and injunction challenging the said appointment of Arbitrator as it is barred by limitation which was dismissed on contest vide order dated 17.03.2001 and it was affirmed by the learned District Judge, … the said agreement was that all disputes and differences concerning the agreement shall be referred to the sole arbitration of any person appointed by the Managing Director of the respondent. The respondent vide its letter dated 22/24.08.1982

Devandas Kishnani and Others Vs. Nanikram Kishnani and Others

Court : Mumbai

Subject : LimitationArbitration

Acts : Limitation Act, 1963 - Schedule - Article 119 - Sections 5 and 12(2); Arbitration Act, 1872 - Sections 13 and 14(2); Limitation Act, 1908 - Schedule - Article 158

Reported in : AIR1993Bom76; 1992(3)BomCR1; (1994)94BOMLR904

filing of the above referred petition.3. This petition involves question of interpretation and application of Art. 119 of Limitation Act, 1963. The propositions of law applicable to this aspect are already settled by the decisions of the … 9th Sept. 1989, 9th Sept. 1989 and 9th Sept. 1989, the parties referred their disputes to the sole arbitration of Shri Ram Jethmalani, Senior Advocate of this Court, The claimants are described in the arbitration proceedings and

Lokanath Biswal Vs. Union of India (Uoi)

Court : Orissa

Subject : LimitationArbitration

Reported in : AIR2008Ori33; 2008(2)ARBLR27(Orissa); 105(2008)CLT220

be determined in this Writ Petition are as follows:(1) Whether the provisions of Section 14 of the Indian Limitation is applicable to the proceedings under the Arbitration and Conciliation Act 1996 (hereinafter called the 'Act') and(2) The

Ganesh Prasad Nayak Vs. Orissa State Co-operative Marketing Federation ...

Court : Orissa

Subject : LimitationArbitration

Acts : Limitation Act, 1963 - Sections 137; Arbitration Act, 1940 - Sections 8

Reported in : 1986(I)OLR333

application was objected to by the opposite parties inter alia on the ground that it was barred by limitation. It was also contended by the opposite parties that the claims if any were also time barred and … all his attempts to get his dues having failed he issued a notice under Section 8 of the Arbitration Act calling Upon the Managing Director Orissa State Co-operative Marketing Federation Ltd. to appoint an arbitrator in accordance