M/S GEO MILLER & CO.PVT.LTD. V. CHAIRMAN, RAJASTHAN VIDYUT UTPADAN NIGAM LTD

SC-The Hon’ble SC affirmed the view of the Rajasthan HC that the entire dispute seems concocted so as to pursue a monetary claim against the respondents, taking advantage of the provisions of the Arbitration and Conciliation Act, 1996. The appellant’s own default in sleeping over his right for 14 years will not constitute a case of ‘undue hardship’ justifying extension of time under Section 43(3) of the 1996 Act or show ‘sufficient cause’ for condonation of delay under Section 5 of the Limitation Act. The appellant should have approached the Court for appointment of an arbitrator under Section 8(2) of the Indian Arbitration Act, 1940 within the appropriate limitation period.-Hon'ble Justices N.V. Ramana,Mohan M. Shantanagoudar and Ajay Rastogi [03-09-2019]
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