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1 - 10 of 26 (0.24 seconds)The Code of Civil Procedure, 1908
Section 37 in The Arbitration And Conciliation Act, 1996 [Entire Act]
The Arbitration And Conciliation Act, 1996
Section 34 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Oil And Natural Gas Corporation Ltd. vs Jagson International Ltd. on 30 October, 2001
8. With great respect, the judgment of the learned
Single Judge in Oil and Natural Gas Corporation Ltd. vs.
Jagson International Ltd. (supra) proceeds on an erroneous
premise when the Court holds that since Parliament had provided
a specified period of limitation in respect of certain provisions of
the Arbitration and Conciliation Act, 1996, no limitation would be
applicable in respect of those provisions where a period of
limitation is not specifically prescribed. The view of the learned
Single Judge overlooks both the provisions of Section 43(1) of the
Arbitration and Conciliation Act, 1996 and Section 29 of the
Limitation Act, 1963. Section 43(1) which lays down that the
Limitation Act, 1963 shall apply to arbitrations as it applies to
proceedings in Court has been specifically held to mean that the
Limitation Act, 1963 would apply to all proceedings under the Act of
1996 both in Court and in arbitration except to the extent excluded
by the latter Act. The learned Single Judge, with respect,
overlooked the fundamental position that if an appeal is provided
by the Arbitration and Conciliation Act, 1996 to a Court that will be
governed by the Code of Civil Procedure, 1908.