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1 - 10 of 15 (0.30 seconds)The Arbitration And Conciliation Act, 1996
The Limitation Act, 1963
The Companies Act, 1956
Binod Bihari Singh vs Union Of India on 8 December, 1992
The decisions
rendered in the case of Binod Bihari Singh versus Union of India
(supra) was subsequently followed by the Supreme Court in the
case of Oil and Natural Gas Corporation Ltd. versus Essar Oil
Limited (supra). So, it is clear that if the plea of limitation is not
raised by a party in the arbitration petition or in the written
statement, even then plea of limitation can be considered by the
court while deciding a petition under Section 34 of the Act."
Gayatri Balasamy vs M/S Isg Novasoft Technologies Limited on 19 October, 2023
43. This court has the power to set aside the impugned award
partially when valid and invalid portions are separable. (relied upon
'Gayatri Balasamy vs M/S Isg Novasoft Technologies Limited, 2025
INSC 605' and NHAI v. Trichy Thanjavur Expressway Ltd. ("Trichy
Thanjavur"), (2023) 304 DLT 357').
M/S Msk Projects (I)(Jv) Ltd vs State Of Rajasthan & Anr on 21 July, 2011
14. The grounds not taken before the Arbitrator cannot be raised
under section 34 Arbitration and Conciliation Act. Ld. Counsel
submitted that the petitioner has not pleaded the ground of limitation in
reply to the counter-claim. (relied upon 'MSK Projects India Ltd. Vs.
State of Rajasthan, (2011) 10 SCC 573').
Mahanagar Telephone Nigam Limited vs Fujitshu India Private Limited & Anr. on 25 November, 2014
(also relied upon 'Mahanagar
Telephone Nigam Ltd. Vs. Fujitshu India Pvt. Ltd, 2015 SCC OnLine
Del 7437', 'Ssangyong Engineering and Construction Vs. NHAI,
(2019) 15 SCC 131' and 'Dyna Technologies Vs. Crompton Greaves,
(2019 20 SCC 1')
M/S Dyna Technologies Pvt.Ltd. vs M/S Crompton Greaves Ltd. on 18 December, 2019
(also relied upon 'Mahanagar
Telephone Nigam Ltd. Vs. Fujitshu India Pvt. Ltd, 2015 SCC OnLine
Del 7437', 'Ssangyong Engineering and Construction Vs. NHAI,
(2019) 15 SCC 131' and 'Dyna Technologies Vs. Crompton Greaves,
(2019 20 SCC 1')
Sealand Shipping & Export Pvt.Ltd vs Kin-Ship Services (India) Pvt. Ltd on 6 June, 2011
Limitation Act is a statute of repose and bar of a cause of action in
a court of law, which is otherwise lawful and valid, because of
undesirable lapse of time as contained in the Limitation Act, has
been made on a well accepted principle of jurisprudence and public
policy. Similarly, in the case of Sealand Shipping & Export Pvt.
Ltd. versus Kin-ship Services (India) Pvt. Ltd.,6 , the Supreme
Court has held that even if the plea of limitation is not specifically
raised in the arbitration petition, the court is bound to consider such
plea while considering a petition under Section 34 of the Act and
there cannot be any waiver on the issue of limitation.