https://www.taxtmi.com/caselaws?id=198278 A contractual clause requiring a demand for arbitration within 90 days of intimation that the final bill was ready could not be used to extinguish the contractor's right to enforce its claim through ordinary legal process. The amended Section 28 of the Indian Contract Act, 1872 renders unenforceable a term that restricts a party from enforcing contractual rights after expiry of a specified period. On that basis, rejection of the claim solely for non-compliance with the 90-day condition was not justified, and the claims were required to be decided on merits by the arbitrator. en-us Wed, 16 May 2001 00:00:00 +0530 Sat, 27 Jan 2018 12:31:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=198278 A contractual clause requiring a demand for arbitration within 90 days of intimation that the final bill was ready could not be used to extinguish the contractor's right to enforce its claim through ordinary legal process. The amended Section 28 of the Indian Contract Act, 1872 renders unenforceable a term that restricts a party from enforcing contractual rights after expiry of a specified period. On that basis, rejection of the claim solely for non-compliance with the 90-day condition was not justified, and the claims were required to be decided on merits by the arbitrator. Case-Laws Indian Laws Wed, 16 May 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=198278