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july 1992

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.

S. RAJAN vs STATE OF KERALA · Niyam