I have filed a suit for recovery case against the defendants just one month before the period of limitation ends. The defendants filed the Section 8 application since the contract was having the Arbitration Clause which was allowed by the court. Now who is supposed to appoint the Arbitrator. The defendants did not appoint the Arbitator and after 3 months we appointed the arbitrator and send them the notice regarding the same. The defendants filed as application that its barred by the period of Limitation since 3 years have elapsed. My question -:
1) it was the defendants Applicaion U/s 8 which was allowed so whether it was duty of the defendants to appoint the arbitator or us
2) Whether the period of limitation must start from date on which the court allowed the Section 8 application of the defendant?
It would be greatful if anyone can provide me with the answer to the Above two question and with case laws.
Thanks
