Supreme Court of India · 2000-02-10
Jupitor Chit Fund (P) Ltd vs Sri Shiv Narain Mehta (Dead) By Lrs. And ...
- Citation / case number
- AIR 2000 SUPREME COURT 1295
- Court
- Supreme Court of India
- Petitioner
- Jupitor Chit Fund (P) Ltd
- Respondent
- Sri Shiv Narain Mehta (Dead) By Lrs. And ...
- Author
- S. Saghir Ahmad
- Bench
- S. Saghir Ahmad, S.N. Phukan
Judgment text excerpt
The Supreme Court held that the reference to arbitration was improper due to the lack of notice to the respondents, thus rendering the arbitration invalid. The Court ruled that under Section 37 of the Arbitration Act, 1940, the period spent in arbitration could not be excluded for the purpose of calculating limitation under the Indian Limitation Act, 1908. Consequently, the appellant's civil suit was barred by time, and the appeal was dismissed.