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    <title>2022 (9) TMI 1467 - DELHI HIGH COURT</title>
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    <description>A Section 11 petition for appointment of an arbitrator was rejected because the underlying claim was ex facie time-barred. The Court held that the right to apply accrued when payment was allegedly withheld after termination of the contract in January 2017, so the three-year limitation period under Article 137 of the Limitation Act expired before the arbitration notice issued in July 2021. Later correspondence, the respondent&#039;s consent to appointment, and the Supreme Court&#039;s suo motu extension of limitation did not revive the claim because limitation had already run out before the suspension period began. A hardware recovery claim could not be considered, as it was not part of the invocation notice.</description>
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      <title>2022 (9) TMI 1467 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=308203</link>
      <description>A Section 11 petition for appointment of an arbitrator was rejected because the underlying claim was ex facie time-barred. The Court held that the right to apply accrued when payment was allegedly withheld after termination of the contract in January 2017, so the three-year limitation period under Article 137 of the Limitation Act expired before the arbitration notice issued in July 2021. Later correspondence, the respondent&#039;s consent to appointment, and the Supreme Court&#039;s suo motu extension of limitation did not revive the claim because limitation had already run out before the suspension period began. A hardware recovery claim could not be considered, as it was not part of the invocation notice.</description>
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