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1995 (1) TMI 423

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..... ce, the brief facts that are set out relate to the first appeal, Civil Appeal No. 1316 of 1977. The relevant dates in the other, appeals are similar. 3. The appellant and the respondents entered into a contract which contained an arbitration clause, namely, that all disputes or matters in difference between them arising out or connected with the contract during the progress of the construction wo .....

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..... uncil, Athani v. Presiding Officer, Labour Court, Hubli (1969) IILLJ 651 SC , that Article 137 of the Limitation Act, 1963, did not apply to an application under Section 20 of the Arbitration Act. The High Court dismissed the appeal. 5. Two Judgments of this Court subsequent to the decision in the case of the Town Municipal Council AIR 1969 SC 1325, aforesaid must be noted. 6. In Kerala State El .....

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..... pondents therein before 11th August, 1965, when they issued the No Claim Certificate and the final bill was passed. The right to apply under Section 20, of the Arbitration Act, therefore, arose to the respondents before 11th August, 1965. The application under Section 20 was made by them much after the expiry of three years therefrom. The application under Section 20 was, therefore, plainly barred .....

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