limitation, as the law in
this regard i.e. for invocation of arbitration, is clear as laid down
in Rahul Jain and Others v. Atul ... without the notice
invoking arbitration under Section 21 of the Arbitration Act, the
petition under Section 11(6) of the Arbitration Act would
arbitration clause constitutes an arbitration agreement
if the contract is in writing and the reference is such as to
make that arbitration clause part ... December, 2023 would be invocation qua the five
contracts, the reply dated 4th January, 2024 would be an invocation of
arbitration for the remaining four
Contractor treated letter dated
9th December, 1989 as the first invocation of arbitration. The letter dated 10th
May, 1994 was a reiteration of the first ... letter
of invocation. The non-receipt of the first invocation letter by NTPC may
have an effect on deciding whether the Arbitration clause was properly
Petitioner on
21st June, 2023 issued a notice of demand and invocation of arbitration under
Section 21 of the Arbitration and Conciliation ... Petitioner on
26th May, 2023 issued a notice of demand and invocation of arbitration
under Section 21 of the Act, 1996 in terms of Clause
Petitioner on
21st June, 2023 issued a notice of demand and invocation of arbitration under
Section 21 of the Arbitration and Conciliation ... Petitioner on
26th May, 2023 issued a notice of demand and invocation of arbitration
under Section 21 of the Act, 1996 in terms of Clause
Petitioner on
21st June, 2023 issued a notice of demand and invocation of arbitration under
Section 21 of the Arbitration and Conciliation ... Petitioner on
26th May, 2023 issued a notice of demand and invocation of arbitration
under Section 21 of the Act, 1996 in terms of Clause
behalf of the Respondents, it is further submitted that invocation of
this arbitration was done on 23rd March, 2015 prior to the Amendment ... present case, there is no doubt that since the
invocation of arbitration is prior to the Amendment Act, 2015 coming into
existence, the time limits
Dues Certificate" from the Petitioner.
14. He also submits that invocation of arbitration proceedings under
Section 11 of the Act is barred by limitation ... were
crystallised on 28.03.2018 and hence the
cause of action for invocation of arbitration
can also said to have arisen on this date. This
position
period of three years has expired from your
First Notice for Invocation of Arbitration dated 19.03.2019
starts from expiry of 30 days of first notice ... were crystallised on
28.03.2018 and hence the cause of action for
invocation of arbitration can also said to have arisen
on this date. This position
petition is opposed by the Respondent on the ground that the
invocation of arbitration vide communication dated 4th November, 2022 as
also filing ... arbitrator under Section 11
of the Act.
10. In respect of invocation of arbitration and the applicable principles
relating to limitation period under Section
