M/S Arif Azim Co. Ltd. vs M/S Aptech Ltd.
Parties (2)
Case Significance
M/S Arif Azim Co. Ltd. vs M/S Aptech Ltd. is a Supreme Court of India decision dated March 1, 2024 (citation: insc-2024-155). A Kabul-based company filed a petition under Section 11(6) of the Arbitration and Conciliation Act for appointment of an arbitrator in a franchise agreement dispute with Aptech Ltd. The Court addressed two key issues: whether the Limitation Act applies to Section 11(6) applications (holding it does, with Article 137's 3-year period applying) and whether a court may refuse reference when claims are ex-facie time-barred (holding it may in clear cases). The petition was allowed and Justice Sanja The bench comprised Justices Dhananjaya Y Chandrachud, J.B. Pardiwala and Manoj Misra. The judgment was delivered by Justice J.B. Pardiwala.
Summary
A Kabul-based company filed a petition under Section 11(6) of the Arbitration and Conciliation Act for appointment of an arbitrator in a franchise agreement dispute with Aptech Ltd. The Court addressed two key issues: whether the Limitation Act applies to Section 11(6) applications (holding it does, with Article 137's 3-year period applying) and whether a court may refuse reference when claims are ex-facie time-barred (holding it may in clear cases). The petition was allowed and Justice Sanjay Kishan Kaul (retired) was appointed as sole arbitrator, while recommending Parliament prescribe a shorter limitation period.
What was the outcome of M/S Arif Azim Co. Ltd. vs M/S Aptech Ltd.?
A Kabul-based company filed a petition under Section 11(6) of the Arbitration and Conciliation Act for appointment of an arbitrator in a franchise agreement dispute with Aptech Ltd. The Court addresse...
Judgment
Read the full judgment on the official India Courts portal.
Read on Indian KanoonSource: Indian Kanoon (insc-2024-155)