MAJOR (RETD.) INDER SINGH REKHI vs DELHI DEVELOPMENT AUTHORITY

The Supreme Court held that Article 137 of the Limitation Act, 1963 applies to petitions filed in civil courts, including applications under Section 20 of the Arbitration Act, 1940. The Court established that the existence of a dispute is essential for the appointment of an arbitrator under Section 8 or a reference under Section 20, and that a dispute arises from an assertion of a claim, not mere inaction. In this case, the appellant's claim for payment arose on 28th February 1983, and since the application was filed within three years, it was held to be within the limitation period, overturning the High Court's dismissal on those grounds.