Civil recovery suit - arbitration & limitation period
Pragandh Ketkale
(Querist) 04 October 2016
This query is : Resolved
If we have filed recovery suit though there is arbitration clause in agreement or transaction. If case drags for more than three years and opposite parties object that the proceedings as civil suit is not maintainable as there was Arbitration Clause.
My question is whether the Limitation for arbitration will expire or we can go for arbitration after civil suit is dismissed on the grounds of Arbitration clause.
Whether period of civil suit will be calculated in the limitation.
Isaac Gabriel
(Expert) 04 October 2016
You can argue the civil suit and need not revert toArbitration,
Dr J C Vashista
(Expert) 05 October 2016
If the defendant (in civil suit for recovery) have filed written statement, arbitration case comes to automatic closed.
Discuss with a local senior lawyer along with document of agreement containing agreement clause as you have put it like an examination hall paper stating inter-alia that, "if we have filed recovery suit....."
Rajendra K Goyal
(Expert) 05 October 2016
Without knowing full case details / related documents, nothing can be advised. Discuss with local lawyer.
Rajendra K Goyal
(Expert) 05 October 2016
Without knowing full case details / related documents, nothing can be advised. Discuss with local lawyer.
Pragandh Ketkale
(Querist) 05 October 2016
Thanks for all expert valuable advice but My query is on limitation... whether limitation for arbitration will expire after civil suit is dismissed on the grounds of Arbitration clause. whether the limitation period can be counted and dispute will be alive to invoke arbitration (the period during the civil suit was subjudice) or limitation will expire.
Isaac Gabriel
(Expert) 05 October 2016
You have resorted to civil court prodedure,though you had chances of invoking the Arbitration procedure.Though you are at liberty to go in for Arbitrtion, it will look retrogade in legal perspective.
cherukuri prasad
(Expert) 06 October 2016
You are protected by section 14 of the limitation act 1963. Limitation for arbitration will not expire and you can seek arbitration remedy even after dismissal of suit on the ground of arbitration clause.
Rajendra K Goyal
(Expert) 06 October 2016
You can withdraw the case and adopt arbitration process.
krishna mohan
(Expert) 06 October 2016
If contract has arbitration clause other party can demand for arbitration and good chances for court directing to resort to arbitration in terms of contract. All depends on the arbitration clause in the contract and you may consult a senior lawyer for right advise.
Guest
(Expert) 06 October 2016
Mr. Pragandh Ketkale,
Although your query is purely of an academic nature, I am of the opinion, unless merits of the case justify on due diligence basis, wrong route adopted by you may not grant you immunity from limitation.
You must understand that you cannot be the only party to decide, what process you prefer to adopt, if you defy the condition included in the arbitration clause.
Guest
(Expert) 24 June 2018
Wow, what a pace of understanding of Ms. Usha Kapoor, who took about two years to agree with some expert.
Guest
(Expert) 24 June 2018
Wow, what a pace of understanding of Ms. Usha Kapoor, who took about two years to agree with some expert.
Guest
(Expert) 24 June 2018
Wow, what a pace of understanding of Ms. Usha Kapoor, who took about two years to agree with some expert.
