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2000 (2) TMI 854

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..... bscribed to the appellant's chit fund scheme for the value of ₹ 1000 which was to be repaid in instalments. Respondents 2 and 3 were the sureties for Respondent 1. On a dispute having arisen between the parties for non-payment of instalments, the matter was referred by the appellant to the named arbitrator who passed an award. In proceedings for making the award a rule of the court, it w .....

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..... 908), shall apply to arbitrations as they apply to proceedings in court (3) For the purposes of this section and of the Indian Limitation Act, 4. In view of the provisions of sub-section (5) extracted above, it is contended that for purposes of commencement of the proceedings in a civil suit for the recovery of the amount due from the respondents, the appellant was entitled to exclusion of the en .....

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..... is that the suit was held to be beyond time as the period taken by the appellant in pursuing its remedy before the arbitration was not excluded on the ground that the reference to arbitration itself was bad. We approve the decision of the Allahabad High Court in Pandit Daya Shankar v. Sheo Rami which was cited before us by the counsel for the respondents. We find no infirmity in the judgment passe .....

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