Section 11 of the Arbitration Act – Reference – Limitation – Third Party

Once it is evident that an arbitration agreement is in existence, it is in the domain of the arbitral Tribunal to examine mixed questions of fact and law, on which a claim of a dispute being barred by limitation is based.   Whether a default is a continuing default, and whether the parties’ conduct in the interregnum would warrant examination of evidence to see whether limitation is at all attracted, are questions that fall in domain of the Arbitral Tribunal.

The Interim application to add proposed h to Section 11 Application because they are transferees of interests in the very same agreement which forms subject matter of arbitration.   This too is a facet that eminently makes it feasible for the Applicant to invoke the principles laid down in Cox and Kings Ltd case.

 Judgment dated 5.5.2025 of the High Court of Bombay in Comm. Arbitration Petition No.313 of 2025 of Hiren Ramesh Desai and another   Vs.   M/s. Padmavati Housing Corporation and others with connected matters