Section 8 Application Should Be Filed Within Time Available For Filing Written Statement
Case: MS. SPML Infra Ltd. versus MS. Trisquare Switchgears Pvt. Ltd.
Coram: Justices Vibhu Bakhru and Amit Mahajan
Case No.: FAO(COMM) 81/2022
Court Observation: “It is clear from the scheme of the Act that once the proceedings before the court or judicial authority progress beyond the initial stage, it would no longer be permissible for a party to then turn around and seek recourse to arbitration. A mere delay in making an application under Section 8 of the A&C Act may not be fatal to a party’s right; but once the proceedings have progressed beyond the stage of completion of pleadings, such an application would not lie. This is because at that stage, the parties are sufficiently invested in the said proceedings, and it would not be permissible for any party to turn around and apply under Section 8 of the A&C Act.”
“The introduction of the expression “the date of” in the context of the suit would necessarily have to be co-related with the time available or granted for filing of a written statement. The legislative intent of introducing the expression “the date of”, when read with the contemporaneous amendments to Order VIII Rule 1 of the CPC by virtue of the Commercial Courts Act, 2015, is quite clear; it is to introduce the precise time frame within which an application under Section 8(1) of the A&C Act could be filed.”
Previous Posts
Payment Of Gratuity Act: Teachers Come Within The Preview of Employee U/S 2(e): Kerala High Court
Second Appeal: Judgment Should Not Be Interfered With By High Court Unless There Is A Substantial Question Of Law, Reiterates Supreme Court Download Judgement
