Lawstreet Journal

Delhi HC: Time Bar Limitation Are Applicable On Applications Under Section 8 of the Arbitration and Conciliation Act, 1996

Lawstreet Journal 27 Feb 2020 5:32am

Image courtesy: Lawstreet Journal Judiciary Delhi HC: Time Bar Limitation Are Applicable On Applications Under Section 8 of the Arbitration and Conciliation Act, 1996

On February 19, 2020 Delhi High Court Single Judge bench of Justice Prathiba M Singh has ruled that the period of limitation provided for filing written statements in Code of Civil Procedure, 1908 (CPC) and Commercial Courts Act, 2015, would also apply to written statements filed under section 8 of the Arbitration and Conciliation Act, 1996.

The Petitioners argued that under Section 8 application, seeking the dispute between both the parties to be referred up arbitration, is maintainable as it was filed prior to filing of any other substantive defence by the Petitioners. While on the other hand, the Defendants argued that no arbitrable dispute exists between the parties as the period of limitation for filing of the Section 8 application has expired.

After Analysing arguments from both side, two questions were raised before the court were:

  1. Whether there is a limitation period prescribed for filing of an application under Section 8 of the Arbitration and Conciliation Act?
  2. Whether the limitation for filing of the written statement as prescribed in the Civil Procedure Code, 1908 as also the Commercial Courts Act, 2015 would be applicable for filing of a Section 8 application.

The court observed Amicus Curia Mr. Darpan Wadhwa submission that “there is a divergence of opinion on whether the time limit for filing the written statement would apply for filing of Section 8 application. It is further submitted that the Supreme Court in Booz Allen (supra) though held that there is no time limit, the application had to be filed… Continue Reading...


Tagged: Delhi High Court  
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