Madhuban Motors Private Limited vs Sms Taxicabs Private Limited
2022 Latest Caselaw 1259 Bom

SAGAR
         Digitally
         signed by
         PRAJAKTA
PRAJAKTA SAGAR
         VARTAK
                                                          1                             4-carap 156-21
VARTAK   Date:
         2022.02.03
         17:01:42
         +0530


   Prajakta Vartak
                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       ORDINARY ORIGINAL CIVIL JURISDICTION
                                            IN ITS COMMERCIAL DIVISION
                              COMMERCIAL ARBITRATION APPLICATION NO. 156 OF 2021
                      Madhuban Motors Pvt. Ltd.                           ..Applicant
                                 Vs.
                      SMS Taxicabs Pvt. Ltd.                              ..Respondent
                                                           -----
                      Ms. Kshitija Bhosale i/b. SSB Legal & Advisory for Applicant.
                                                         -----
                                                 CORAM :      G.S. KULKARNI, J.

                                                 DATE :       FEBRUARY 03, 2022.
                      P.C.:

1. Stand over to 07 February, 2022 to enable the learned counsel for the applicant to place on record the legal position in relation to the extension of limitation in regard to an invocation to be made under Section 21 of the Arbitration and Conciliation Act, 1996 (for short, "the Act").

2. As it prima-facie appears that the claim of the applicant pertains to the year 2017 and considering the period of limitation, the claim would be barred by limitation in or around March, 2020. It appears that the invocation notice is dated 27 April, 2021. The applicant is required to satisfy the Court that the claim as being referred for arbitration is not barred by limitation, so that the Court can exercise its jurisdiction under Section 11 of the Act considering the law laid down by the Supreme Court in its judgment in case of Bharat Sanchar Nigam Ltd. & Anr. Versus M/s Nortel Networks India Pvt. Ltd. in Civil Appeal Nos. 843-844 of 2021 (Arising out of SLP (C) No. 1531-32/ 2021).

[G.S. KULKARNI, J.]