Keya Mukherjee VS. Magma Leasing Limited & Anr

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Keya Mukherjee VS. Magma Leasing Limited & Anr

The Judgement Information System CASE NO.: Appeal (civil) 2461 of 2008

PETITIONER: M/s. Consolidated Engineering Enterprises RESPONDENT: The Principal Secretary (Irrigation Department) & Ors DATE OF JUDGMENT: 03/04/2008

BENCH: R V Raveendran JUDGMENT: J U D G M E N T Civil Appeal No.2461 OF 2008 (Arising out of SLP (Civil) No.10311 of 2005)

RAVEENDRAN, J.

WITH Civil Appeal No.2462 OF 2008 (Arising out of SLP (Civil) No.15619 of 2005) Hatti Gold Mines Company Ltd. ... (s) Vs.

Vinay Heavy Equipments ... (s)

I respectfully agree with the judgment proposed by learned Brother Panchal, J. Having regard to the importance of the issue, I am adding a few of my own reasons.

2. Two questions of law arise for our consideration : (i) Whether Limitation Act, 1963 is inapplicable to a proceeding in a court, under the Arbitration and Conciliation Act, 1996 ?

(ii) Even if Limitation Act, 1963 is applicable, whether applicability of section 14 of the said Act is excluded to proceedings under section 34(1) of the Arbitration and Conciliation Act, 1996 ?

Re : Question No.(i) : 3. Learned counsel for the appellant contended that the Arbitration and Conciliation Act, 1996 (AC Act for short) is a self-contained Code relating to arbitration and all matters incidental thereto including limitation. He submitted that section...

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