Supreme Court of India
M/s B and T Ag v. Ministry of Defence
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3 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the aforesaid, this petition fails and is hereby rejected.
Judgment, page 43
From the headnote
Arbitration and Conciliation Act, 1996 – s.11– Limitation period – Cause of action – When accrues – “Breaking Point”– Negotiations, if postpone the cause of action – Held: No – Cause of action becomes important for calculating the limitation period for bringing an action – Period of limitation for commencing an arbitration runs from the date on which the “cause of arbitration” accrued i.e., from the date when the claimant first acquired either a right of action or a right to require arbitration – An application u/ s.11 is governed by Article 137 of the Schedule to the 1963 Act and must be…
Authorities it was built on
- 2008 National Insurance Co. Ltd. v. M/s. Boghara Polyfab Pvt. Ltd.
- 2005 M/s. S.B.P. and Co. v. M/s. Patel Engineering Ltd. and Anr.
- 2008 M/s Consolidated Engg. Enterprises v. Principal Secy. Irrigation Deptt. & Ors.
- 2021 Bharat Sanchar Nigam Ltd. & Anr. v. M/s Nortel Networks India Pvt. Ltd.
- 2020 Vidya Drolia and Others v. Durga Trading Corporation
- 2008 J.C. Budhraja v. Chairman, Orissa Mining Corpn. Ltd. & Anr.
- 2006 Hari Shankar Singhania and Ors. v. Gaur Hari Singhania and Ors.
- 2019 M/s Geo Miller & Co. Pvt. Ltd. v. Chairman, Rajasthan Vidyut Utpadan Nigam Ltd.
- 1995 State of Orissa and Anr. v. Sri Damodar Das
- 1993 Panchu Gopal Bose v. Board of Trustees for Port of Calcutta
- 2021 Dlf Home Developers Limited v. Rajapura Homes Private Limited & Anr.
- 1955 Merla Ramanna v. Nallaparaju and Others.
- 1988 Union of India & Anr. v. L.K. Ahuja & Co.
Where later benches applied it
- 2024 M/s Arif Azim Co. Ltd. v. M/s Aptech Ltd.
- 2024 Goqii Technologies Private Limited v. Sokrati Technologies Private Limited
- 2024 Opg Power Generation Private Limited v. Enexio Power Cooling Solutions India Private Limited & Anr.
Of those, 1 followed · 2 referred to
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