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Supreme Court of India · 2024-03-01

M/S Arif Azim Co. Ltd. vs M/S Aptech Ltd.

Citation / case number
2024 INSC 155
Court
Supreme Court of India
Petitioner
M/S Arif Azim Co. Ltd.
Respondent
M/S Aptech Ltd.
Author
Dhananjaya Y. Chandrachud
Bench
Dhananjaya Y. Chandrachud

Judgment text excerpt

The Supreme Court addressed the applicability of the Limitation Act, 1963 to applications for the appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996. The Court held that the Limitation Act is applicable, and the right to apply under Section 11(6) accrues when the party becomes aware of the dispute. Furthermore, the Court ruled that it may refuse to make a reference if the claims are ex-facie time-barred, emphasizing the distinction between jurisdiction and admissibility in arbitration matters.

M/S Arif Azim Co. Ltd. vs M/S Aptech Ltd. · Niyam