Arbitrator Cannot Be Appointed Over A ‘Dead Cause Of Action’ Barred By Law Of Limitation: Gujarat High Court

Arbitrator Cannot Be Appointed Over A ‘Dead Cause Of Action’ Barred By Law Of Limitation

Case: Dipakkumar Nathabhai Patel VS Narmadaben Dhirajlal Radadia & 2 Other(S)

Coram: Chief Justice Aravind Kumar

Case No.: C/IAAP/173/2018

Court Observation: “Normally the issue of limitation being question of fact/s and the Law governing the same would be procedural, it would always be open for the Arbitral Tribunal to decide based on the facts that may be unfolded in a given case. However, this Court exercising the power of referring the dispute to arbitration, would refuse to do so when it is manifest that claims are ex-facie time barred and dead or there is no subsisting dispute”

“…it has been held that the Court must undertake a primary first review to weed out “manifestly ex facie non-existent and invalid arbitration agreements, or non-arbitrable disputes.” The prima facie review at the reference stage is to cut the deadwood, where dismissal is barefaced and pellucid, and when on the facts and law, the litigation must stop at the first stage.”

Previous Posts

Income Tax Dept. Can’t Withhold Refunds In Mechanical And Routine Manner: Delhi High Court

[Statutory Bail] Bail Court Has No Jurisdiction To Go Into Merits Of The Case U/S 167(2) CrPC: Madras High Court

Amendment To Section 36(1)(va) Of Income Tax Act Is Prospective In Nature: Delhi High Court

Conviction Solely On The Basis Of Extra Judicial Confession Cannot Be Sustained: Supreme Court

Exporter Not Required To Hold IEC Number To Avail Benefits Under ‘Service Exports From India’ Scheme: Bombay High Court

Failure To Mention Blacklisting As A Probable Action Does Not Disable Tenderer From Blacklisting The Delinquent Bidder: J&K&L High Court

Section 311 CrPC Application Cannot Be Dismissed Merely On The Ground That It Will Lead To Filling In Loop Holes Of Prosecution Case: Supreme Court

Police Not “Boss” Of Public Administration; Can’t Investigate Complaints Without Registering FIR/ Entering Into Formal Process: J&K&L High Court


Dead Cause Of Action, Law Of Limitation