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AI Drafter - (New and Powerful) ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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Issues: Whether a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 should be refused on the ground that the claims are dead or long-barred, or whether the limitation dispute should be left for determination by the arbitral tribunal.
Analysis: The governing principle is that, though the Chief Justice or the designate may examine whether a claim is evidently and patently long time-barred, that course is appropriate only where the claim is plainly dead and no detailed examination of evidence is required. Where there is a real dispute about receipt of notices, the correct address, or other factual matters bearing on limitation and survival of the claim, the controversy involves evidence and disputed facts that are better left to the arbitral tribunal. The record showed such disputes here, including whether the notices invoking arbitration were received and whether they were received at the proper office of the respondent.
Conclusion: The limitation objection was rejected and the arbitral tribunal was constituted.
Final Conclusion: A Section 11 court may decline appointment only for a clearly and patently dead claim, but where limitation turns on disputed facts and evidence, the matter should proceed to arbitration.
Ratio Decidendi: In a Section 11 proceeding, a claim can be rejected as time-barred only when it is plainly and evidently dead; if limitation depends on disputed factual issues requiring evidence, the question must be decided by the arbitral tribunal.
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