would not commence fresh
period of limitation, which had already commenced on 31st
March, 2004. In view of Section 9 of the Limitation ... institute a suit or make an application stops it. Once time starts
running, it does not stop. Limitation is not extended unless there
depreciation thus would not extend
limitation. The said payment would even otherwise not
extend limitation as the same was not within a period of three ... institute a suit or make an
application stops it. Once time starts running, it does not
stop. Limitation is not extended unless there
pending and were not decided, cause of action would not stop. The
learned counsel pressed into service Section 9 of the Limitation Act in support ... institute a suit or make an application stops it. Once time
starts running, it does not stop. Limitation is not extended unless there
that the Respondent had not appeared in Court on 11th
July, 1996 and 16th July, 1996 did not stop limitation. He
submitted that the period ... beyond
the period of limitation. There can be no dispute with the
proposition of law that the notice need not be in writing
part of payment terms and was not
a distinct and separate breach and therefore, the limitation period did
not start on due date of advance ... 27th July 1998. He submits that once the
limitation had commenced, limitation did not stop. Neither any part
payment was made by the petitioner
17th December, 1999, the claims of the claimant
were not barred by law of limitation is totally perverse and shows patent illegality.
He submits that ... such notice and the limitation stops on such date in view of
section 21 of the Arbitration Act and not the limitation commences
will not stop
limitation.
15. It is next argued that the initial filing was done by the Petitioner
only to stop the limitation and this ... limitation period. There cannot be a doubt that
in order to stop limitation, the filing of the petition must be a proper filing
and not
thus had not stopped when the notice
invoking arbitration was served upon the petitioner no.1, but had stopped
only on 16th June 2004 when ... were ex facie barred by
law of limitation. Learned arbitrator, however, has not considered the
issue of limitation raised by the petitioner
Indian Oil Corpn. Ltd vs Artson Engineering Ltd on 30 October, 2015
Author: R.D
does not stop irrespective of the intervention of the statutory law or
otherwise, since the law does not provide for arresting the limitation
or stopping ... that
operation of the provisions of the Ceiling Act would not stop the
limitation from running or commencing from the date of explicit
refusal
