https://www.taxtmi.com/caselaws?id=198281 An insurance policy clause that extinguishes the insured's right to claim unless action is taken within the stipulated period was held valid and enforceable, as distinct from a mere contractual curtailment of time that may offend Section 28 of the Indian Contract Act, 1872. Applying the governing Supreme Court authority, the Delhi High Court held that clause 6(b)(ii) barred the respondent's belated claim because it was raised after the prescribed period and was not saved by any pending action or arbitration. As the arbitrator had also failed to address the limitation objection, the arbitral award allowing the claim could not stand and was set aside. en-us Thu, 13 Aug 2009 00:00:00 +0530 Sat, 27 Jan 2018 12:38:51 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=198281 An insurance policy clause that extinguishes the insured's right to claim unless action is taken within the stipulated period was held valid and enforceable, as distinct from a mere contractual curtailment of time that may offend Section 28 of the Indian Contract Act, 1872. Applying the governing Supreme Court authority, the Delhi High Court held that clause 6(b)(ii) barred the respondent's belated claim because it was raised after the prescribed period and was not saved by any pending action or arbitration. As the arbitrator had also failed to address the limitation objection, the arbitral award allowing the claim could not stand and was set aside. Case-Laws Indian Laws Thu, 13 Aug 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=198281