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april 1988

Supreme Court of India · 1988-04-05

UNION OF INDIA & ANR. vs L.K. AHUJA & CO.

Citation / case number
SC 1988/70784
Court
Supreme Court of India
Petitioner
UNION OF INDIA & ANR.
Respondent
L.K. AHUJA & CO.
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court held that an application for the appointment of an Arbitrator under Section 20 of the Arbitration Act, 1940 is not barred by limitation if there exists an arbitration agreement and differences have arisen. The Court clarified that Article 137 of the Limitation Act applies to applications under any Act in a Civil Court, and the question of whether a claim is barred by limitation is to be determined by the arbitrator, not the court at the time of reference. The appeal was dismissed, affirming the High Court's decision to allow the application for arbitration.

UNION OF INDIA & ANR. vs L.K. AHUJA & CO. · Niyam