M/S GEO MILLER & CO. PVT. LTD v. CHAIRMAN, RAJASTHAN VIDYUT UTPADAN NIGAM LTD
Case at a glance
Outcome
Dismissed
Hence the appeals are dismissed and the impugned judgement
Provisions considered
Judgment
reference of the dispute to the Arbitrator is barred by limitation – Rather, appellant company’s case has certain element of mala fide as it has remained silent on specific actions taken to recover the dues during certain period – Under s.114(g) of Evidence Act, the Court can presume that evidence which would be and was not produced, would, if produced be unfavourable to the person who withholds it – Appellant’s own fault in sleeping over his right for 14 years will not constitute a case of ‘undue hardship’ justifying extention of time u/s.43(3) – Limitation Act, 1963 – First Schedule, Art.137 – Limitation. Dismissing the appeals, the Court HELD: 1.1 The date of commencement of arbitration proceedings for the purpose of deciding which Act (Arbitration Act 1940 or Arbitration and Conciliation Act, 1996) applies, upon a conjoint reading of Sections 21 and Section 85(2)(a) of the 1996 Act, shall be regarded as the date on which notice was served to the other party requesting appointment of an arbitrator. [Para 6] [1117-B-C]
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Hence the appeals are dismissed and the impugned judgement
Which statutory provisions did this judgment involve?
Arbitration Act, 1940; Arbitration and Conciliation Act, 1996 — s. 11(6); Indian Evidence Act, 1872 — s. 114(g); Limitation Act, 1963 — s. 5; Indian Arbitration Act, 1940; Arbitration (Protocol and Convention) Act, 1937.
Which court decided this case, and when?
Supreme Court of India, on 07 Oct 1979. The bench was N V RAMANA, MOHAN M SHANTANAGOUDAR, AJAY RASTOGI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.