under Section 7 of the Code is three years as per Article 137
of the Limitation Act , where the date of alleged “default ... paragraph
20 of the impugned order, the Appellate Tribunal referred to Article 137
dealing with ‘OTHER APPLICATIONS’, as occurring in Part II of Third
Division
foreign awards, it would necessarily fall under the residuary provision – Article 137.
(ii) Article 137 applies to the enforcement of foreign awards, which provides ... limitation.
(iii) In the alternative, it was contended that if Article 137 of the Limitation Act
is held to be applicable for the enforcement
filed u/s 7
would fall only within the residuary Article
137. As rightly pointed out by the Learned
counsel appearing on behalf ... applications that will be
filed under section 7 of the Code Article 137 of
the Limitation Act will apply. However, we find
in the impugned
constitutes a Residuary Article pertaining to 'Applications'.
As such it can be safely and securely be said that Article 137 will apply ... other special statute. What Article
113 of the Limitation Act, 1963 relates to suit, the Article 137 of the Limitation
Act , pertains to 'Application
Order IX Rule 7 CPC as well as the provisions of Article
137 of the Schedule to the Limitation Act, 1963 .
8. It is also ... rightly contended on behalf of the petitioner in view of the Article 137
of the Schedule to the Limitation Act, 1963 which expressly provides
that
limitation and, in construing
the period of limitation, whether Article 136 or Article 137 of the Limitation
Act would apply? [Issue No. I]
12.2. Second ... this issue that, which of the two
Articles i.e. Article 136 of Article 137 of the Limitation Act would apply qua a
petition filed
namely limitation. Learned
counsel for CMWSSB submitted that the Article that is applicable is
Article 137 of ' The Limitation Act, 1963 ' (hereinafter ... schedule / chart qua Limitation Act and therefore, the
residuary article, namely Article 137 would apply. What is of
significance is, with regard to Article 137
reason for the delay in filing the
application. Counsel relies on Article 137 of the Limitation Act, 1963 as
being applicable for grant of probate ... date of death of the testator.
According to counsel, if Article 137 of the Limitation Act applies, then an
application for grant of probate
reason for the delay in filing the
application. Counsel relies on Article 137 of the Limitation Act, 1963 as
being applicable for grant of probate ... date of death of the testator.
According to counsel, if Article 137 of the Limitation Act applies, then an
application for grant of probate
Code'
for the first time and in terms of Article 137 of the Limitation Act, 1963 ,
for the purpose of filing application under Section ... Associates" (Supra ) being law of land under Article 141 of the
Constitution of India, Article 137 of the Limitation Act, 1963 will be
applicable
