Supreme Court of India · 1992-07-29
S. RAJAN vs STATE OF KERALA
- Citation / case number
- SC 1992/82499
- Court
- Supreme Court of India
- Petitioner
- S. RAJAN
- Respondent
- STATE OF KERALA
- Author
- B.P. JEEVAN REDDY
- Bench
- B.P. JEEVAN REDDY
Judgment text excerpt
The Supreme Court held that under Article 137 of the Limitation Act, 1963, the period of limitation for filing an application under Section 20 of the Arbitration Act begins when the right to apply accrues, which occurs when a dispute arises. The Court found that the right to apply accrued in 1974, making the 1984 application barred by limitation. The judgment clarified that if an arbitrator is specified in the agreement, the court must refer the dispute to that arbitrator unless they refuse to act, thus upholding the lower court's decision to dismiss the appeal.