Supreme Court · 2001 INSC 540 · Decided 30 October 2001

Asia Resorts LTD. v. Usha Breco LTD.

Court
Supreme Court of India
Citation
2001 INSC 540 · [2001] SUPP. 4 S.C.R. 564
Case number
CIVIL APPEAL No. 7391/2001
Decided
30 October 2001
Bench
D.P. MOHAPATRA, K.G. BALAKRISHNAN (2-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
Arbitration Act Section 20; Limitation Act Section 18, 137

Headnote

Arbitration Act 1940/Limitation Act, 1963-Seciion 20/SectiOns 5 and 18 and Article 137. Reference o.f arbitration~Limitation period-Contract between parties­ Difference arose on 17.4.1990-Notice-De.finite reply given on 17.5.1990- Notice intimating initiation o.f arbitration proceedings given upto 1993-Arbitration applicationfiled-:Held, the application was time barred since cause o.f action had arisen on 17.5.1990-Yet the delay could be condoned if it was not wilfitl. Applicability of Article 137-Petition filed u/s. 20 o.f Arbitration Act­ Held, applicable-Article 137 is

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