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1 - 10 of 29 (0.49 seconds)Article 54 in Constitution of India [Constitution]
Vidya Drolia vs Durga Trading Corporation on 14 December, 2020
35. The relevant observations in Vidya Drolia [Vidya Drolia v. Durga
Trading Corpn., (2021) 2 SCC 1 : (2021) 1 SCC (Civ) 549] are
38
2025:CHC-OS:186
reproduced herein below : (Vidya Drolia case [Vidya Drolia v. Durga
Trading Corpn., (2021) 2 SCC 1 : (2021) 1 SCC (Civ) 549] , SCC pp.
119 & 121, paras 148 & 154)
"148. Section 43(1) of the Arbitration Act states that the
Limitation Act, 1963 shall apply to arbitrations as it applies to
court proceedings. Sub-section (2) states that for the purposes
of the Arbitration Act and the Limitation Act, arbitration shall
be deemed to have commenced on the date referred to in
Section 21. Limitation law is procedural and normally disputes,
being factual, would be for the arbitrator to decide guided by the
facts found and the law applicable. The court at the referral
stage can interfere only when it is manifest that the claims are
ex facie time-barred and dead, or there is no subsisting dispute.
All other cases should be referred to the Arbitral Tribunal for
decision on merits. Similar would be the position in case of
disputed "no-claim certificate" or defence on the plea of novation
and "accord and satisfaction".