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Chawla Techno Construct Limited vs The Embassy Of Italy on 6 May, 1999 cites

Union Of India vs M/S. Momin Construction Company on 10 January, 1995

In Union of India Vs. Momin Construction Company, (Supra), the Court held that the claim for referring the case to arbitration arise when the contractor issued a no claim certificate and the final bill in respect of the works contract was passed. Right to apply under Section 20 of the Arbitration Act, therefore, arose to the contractor before 11th August, 1965 when no claim certificate was issued by the contractor. Application under Section 20 of the Arbitration Act having made on 26th February, 1971 was, therefore, held to be barred by time.
Supreme Court of India Cites 7 - Cited by 37 - S P Bharucha - Full Document

Banwari Lal Kotiya vs P.C. Aggarwal on 8 May, 1985

19. I have gone through the judgment in Banwari Lal Kotiya Vs. P.C. Aggarwal (Supra). I am afraid the judgment does not support Mr.Sanghi. It was clearly observed in this case that where the parties by an agreement had agreed to submit present or future disputes to arbitration for adjudication to a named arbitrator, the party despite the Arbitration Act can straightway approach the arbitrator and resort to Section 20 is unnecessary because consent to such actual reference to arbitration shall be deemed to be there as this concept is included in the agreement signed by the parties and the aspect that differences or disputes actually arose subsequently would be inconsequential because the arbitration agreement as defined in Section 2(a) covers not merely present but future differences also. The Court in that case while referring to argument of unilateral reference held as under:-
Supreme Court of India Cites 8 - Cited by 22 - V D Tulzapurkar - Full Document
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