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october 2001

Supreme Court of India · 2001-10-30

ASIA RESORTS LTD. vs M/S. USHA BRECO LTD.

Citation / case number
SC 2000/1640
Court
Supreme Court of India
Petitioner
ASIA RESORTS LTD.
Respondent
M/S. USHA BRECO LTD.
Author
K.G. BALAKRISHNAN D.P. MOHAPATRA
Bench
K.G. BALAKRISHNAN D.P. MOHAPATRA

Judgment text excerpt

The Supreme Court upheld the decision of the learned Single Judge that the petition filed under Section 20 of the Arbitration Act, 1940 was within the limitation period. The Court found that correspondence between the parties regarding disputes continued until 1993, and a letter from the respondent constituted an acknowledgment under Section 18 of the Limitation Act, thereby extending the limitation period. The Court affirmed that the arbitration clause in the agreement was valid and enforceable, allowing the appellant to seek arbitration despite the respondent's claims of limitation.

ASIA RESORTS LTD. vs M/S. USHA BRECO LTD. · Niyam