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1 - 4 of 4 (0.31 seconds)The Limitation Act, 1963
Article 137 in Constitution of India [Constitution]
Bharat Sanchar Nigam Limited vs M/S Nortel Networks India Pvt. Ltd. on 10 March, 2021
4. While considering a case invoking sub-
section(6) of Section 11 of the Act, this Court is required
to consider whether the prayer made by the petitioner
invoking sub-section(6) of Section 11 of the Act would
satisfy all other requirements of law having regard to the
decisions of the Hon'ble Supreme Court. This Court has
noticed that in the case of Bharath Sanchar Nigam
Limited And Another Vs. Nortel Networks India Private
Limited, (2021) 5 SCC 738, the Hon'ble Supreme Court
has held that when this Court is considering the petition
under Section 11(6) of the Act, there are two types of
limitation that the Court would consider the limitation for
entertaining the Civil Miscellaneous Petition for invoking
Section 11 for appointment of an arbitrator. In that
regard it has been held that while considering a petition
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CMP No. 11 of 2023
under Section 11, the Court is required to find out as to
whether the petition is filed within the limitation prescribed
under Article 137 of the Limitation Act. For that purpose,
the period would arise from the date of issuance of the
notice for appointment of an arbitrator. On the other
hand, it has been directed that the period for filing a
petition seeking appointment of an arbitrator cannot be
confused or conflated with the period of limitation
applicable to the substantive claims made in the
underlying commercial contract. The period of limitation
for such claims is prescribed under various Articles of the
Limitation Act, 1963. In that regard the
Hon'ble Supreme court has held that whether there is not
even a vestige of doubt that the claim is ex facie time
barred, or that the dispute is non arbitrable, the court may
decline to make the reference. It has also been held that
if the Court find that the claim of the petitioner is a dead
claim, then the Court may decline to refer the matter for
arbitration.
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