counsel would contend that
in terms of the said decision although Article 137 of the
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CMP No. 419 of 2021
schedule of the Limitation ... nevertheless, the period for construing the three years as
provided in Article 137 would commence only when the
arbitration notice is issued and not before
counsel would contend that
in terms of the said decision although Article 137 of the
schedule provided in the Limitation Act would became
applicable, nevertheless ... period for construing the
three years as provided in Article 137 would commence
only when the arbitration notice is issued and not before
that
delay
and laches. It is contended that in terms of Article 137 of the
Schedule to the Limitation Act, 1963 , the petitioners must
have invoked ... learned Counsel for the petitioners that
Article 62 would apply and not Article 137 , cannot be
countenanced. As rightly pointed out by the learned Counsel
this
Court is not correct in holding Article 137 of the
Limitation Act , would apply and has wrongly rejected
the contention of the petitioners that ... learned Counsel for petitioners that Article 62 of the
Limitation Act , would apply and not Article 137 , was
also considered and reasons are assigned while
application under Section 11 of the
Act, would be governed by Article 137 of the 1st schedule
of the Limitation Act, 1963 . In terms ... Article 137 , the
period of limitation prescribed is three years.
5. Having regard to the settled position of law, this
Court is of the considered
Same has been accepted, approved and
adopted by this Court while interpreting Article 141 of the
Constitution of India (in short "the Constitution ... Supreme Court
exercises review jurisdiction by virtue of Article 137 of the
Constitution which predicates that the Supreme Court shall
have the power to review
Same has been accepted, approved and
adopted by this Court while interpreting Article 141 of the
Constitution of India (in short "the Constitution ... Supreme Court
exercises review jurisdiction by virtue of Article 137 of the
Constitution which predicates that the Supreme Court shall
have the power to review
Section 11 within a period of three years as
prescribed under Article 137 of the Limitation Act ,
commencing from the date of issuance ... society is well within the period of limitation as
prescribed under Article 137 , insofar as institution of this
whether the petition is filed within the limitation prescribed
under Article 137 of the Limitation Act . For that purpose,
the period would arise from ... contract. The period of limitation
for such claims is prescribed under various Articles of the
Limitation Act, 1963 . In that regard
period
of three years in terms of the Article 137 of the Limitation
Act , would come to an end on 16.03.2022 and the civil
miscellaneous ... after the
lapse of three years as provided under Article 137 of the
Limitation Act, 1963 .
3. Having heard the learned counsel for the
petitioner
