LAW FOR ALL

Sec.21 and sec. 43 of Arbitration & conciliation Act - Sec. 3 of Limitation Act - counter claims - Whether limitation for counter claim starts from the date of disputes or from the date of notice or from the date of arbitration proceedings - Arbitrator dismissed the counter claim as barred by limitation - Single judge High court confirmed the same - the D.B. in appeal negative the same and held that whole counter claim is with in time - Apex court held that for the counter claim limitation starts from date of initiation of arbitration proceedings if a notice was issued after disputes arose and requested for appointment of arbitrator and further held that no court/arbitrator should be allowed to go beyond scope of notice for excess claim added in the counter claim and as such the apex court modified the order of DB and held that excess claim other than mentioned in notice - is only barred by limitation = Voltas Limited ... Appellant Versus Rolta India Limited ...Respondent = 2014 (Feb.Part) judis.nic.in/supremecourt/filename=41224