M/S Arif Azim Co. Ltd Vs M/S Aptech Ltd
.... omplying with the requirements mentioned in such notice. 57. This Court in Utkal Commercial Corporation v. Central Coal Fields Ltd. reported in (1999) 2 SCC 571 while determining a similar question in relation to the Arbitration Act, 1940 held thus: “6. Therefore, the time for the pu ...
Supreme Court Of India
M/S S.D. Shinde Tr. Partner Vs Govt. Of Maharashtra & Ors
.... State’s argument is that the concurrent findings are justified, both on the ground that the claim was time-barred and also on the ground that the letter and condition for initiating arbitration, i.e., claiming amounts within 30 days after the expiry of the defects liability period and that they ...
Supreme Court Of India
M/S B And T Ag Vs Ministry Of Defence
.... ay of writing letters/reminders to the respondent subsequent to this date would not extend the time of limitation. Hence the maximum period during which this Court could have allowed the appellant's application for appointment of an arbitrator is 3 years from the date on which cause of action ar ...
Supreme Court Of India
M/S Spml Infra Ltd. Vs M/S. Trisquare Switchgears Pvt. Ltd.
.... for some time. Thereafter, talks were in progress for arriving at a settlement out of court. When such talks failed, the appellant filed an application under Section 8 of the Act before filing the written statement or filing any other statement which could be considered to be a submission of a s ...
Delhi High Court
Secunderabad Cantonment Board Vs M/S B. Ramachandraiah & Sons
.... xxx xxx xxx 29. Moreover, in a commercial dispute, while mere failure to pay may not give rise to a cause of action, once the applicant has asserted their claim and the respondent fails to respond to such claim, such failure will be treated as a denial of the applicant's claim giving ...
Supreme Court Of India
P. Mohanraj & Ors. Vs M/S. Shah Brothers Ispat Pvt. Ltd.
.... tained in Chapter XVII of the Act. For appreciating the issue involved in the present case, it is necessary to refer to the object behind introduction of Chapter XVII containing Sections 138 to 142. This chapter was introduced in the Act by the Banking, Public Financial Institutions and Negotiab ...
Supreme Court Of India
M/S Geo Miller & Co. Pvt. Ltd Vs Chairman, Rajasthan Vidyut Utpadan Nigam Ltd
.... he cause of action would have accrued. Just as in the case of civil actions the claim is not to be brought after the expiration of a specified number of years from the date on which the cause of action accrued, so in the case of arbitrations, the claim is not to be put forward after the expirati ...
Supreme Court Of India
Kidde India Vs NTPC
.... sted Receivables to Vijay Associates on the terms and conditions herein contained. NOW THIS DEED WITNESSETH 1. In consideration of Vijay Associates paying a sum of Rs……. (not readable) The receipt whereof is hereby acknowledged by the Company, the Company as the beneficial owner of th ...
Delhi High Court
M/s. Indian Farmers Fertilizer Co-operative Ltd Vs M/s.Bhadra Products
.... The cause of action then continued to occur till 27.9.2012 when the technical director of the respondent through his even dated letter first expressed that the payment may not be made on technical grounds. (e) The cause of action thereafter continued till the claimant was asked to issue st ...
Orrisa High Court
Tapadiya Construction Ltd. Vs Sanjay Suganchand Kasliwal and Others
.... al points are not properly addressed by the learned Principal District Judge. This Court is discussing those points herein after. 32. The relief of injunction against a party (Appellant company) who is not party to the Arbitration agreement:- On this point, the learned counsel for the Appellant C ...
bombay high court (aurangabad bench)
Get In Touch With Us
We are here to help. Want to learn more about our services? Please get in touch, we'd love to hear from you!
