Supreme Court · 2024 INSC 851 · Decided 7 November 2024

M/S Hpcl Bio-Fuels LTD. v. M/S Shahaji Bhanudas Bhad

Court
Supreme Court of India
Citation
2024 INSC 851 · [2024] 12 S.C.R. 133
Case number
CIVIL APPEAL No. 12233/2024
Decided
7 November 2024
Bench
D.Y. CHANDRACHUD, J.B. PARDIWALA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 11(6); Arbitration Act Section 11(6); Limitation Act Section 14, 5; IBC Section 9

Headnote

(i) Whether a fresh application u/s.11(6) of the Arbitration and Conciliation Act, 1996 filed by the respondent could be said to be maintainable more particularly when no liberty to file a fresh application was granted by the High Court at the time first application u/s.11(6) of the Act, 1996; (ii) whether the fresh application u/s.11(6) of the Act, 1996 filed by the respondent on 09.12.2022 could be said to be time-barred. If yes, whether the respondent is entitled to the benefit of Section 14 of the Limitation Act. In other words, whether

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