In Brief
The Supreme Court held that applications under Section 11 of the Arbitration Act, filed on 06.11.2013, were hopelessly barred by limitation. The demand for arbitration was made in November 2006, with a 30-day deadline reiterated in January 2007. The cause of action for appointment thus accrued on 12.02.2007, making the 2013 applications time-barred. Further, the underlying claim for price variation was itself ex facie time-barred, as final payments were received by March 2003 and demands were made from September 2003 onwards, finally rejected in February 2010. The Court set aside the High Court judgment allowing the Section 11 applications.
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