insc-2025-1255 — Urban Infrastructure Real Estate Fund vs Neelkanth Realty Private Limited

Practice Areas

Amendment Act to the Act, 1996 Arbitral Tribunal would not be bound by the provisions of the CPC or the Indian Evidence Act, 1872 Arbitration and Conciliation Act, 1996 Benami Transactions (Prohibition) Act, 1988 Bombay Rent Act, 1947 CPC by the amending Act, 1976 Code of Civil Procedure, 1908 Commission set up under the Monopolies and Restrictive Trade Practices Act, 1969 Companies Act, 2013 Constitution of India Copyright Act, 1957 District Code Foreign Awards (Recognition and Enforcement) Act, 1961 Foreign Exchange Regulation Act, 1973 India for the purposes of the Act, 1969 Indian Contract Act, 1872 Indian Evidence Act, 1872 Indian Limitation Act, 1963 Limitation Act, 1963 Maharashtra Cooperative Societies Act, 1960 Man Roland (supra) stated the such a clause would not act as a bar to proceedings under the Act, 1969 Part I of the Act, 1996 Part I of the larger scheme of the Act, 1996 Rent Act Such arbitration shall be held in accordance with the Arbitration and Conciliation Act, 1996

Judges (2)

J.B. Pardiwala Delivered K.V. Viswanathan Coram

Parties (2)

Neelkanth Realty Private Limited Respondent Urban Infrastructure Real Estate Fund Petitioner

Summary

Challenge to an interim arbitral award that decided the question of limitation on demurrer and foreclosed the issue. The Supreme Court upheld interference under Section 34, holding that the issue of limitation being one of fact and law could not be finally decided on demurrer without evidence.

What was the outcome of Urban Infrastructure Real Estate Fund vs Neelkanth Realty Private Limited?

Challenge to an interim arbitral award that decided the question of limitation on demurrer and foreclosed the issue. The Supreme Court upheld interference under Section 34, holding that the issue of l...

Statutes Cited

Amendment Act to the Act, 1996

Arbitral Tribunal would not be bound by the provisions of the CPC or the Indian Evidence Act, 1872

Arbitration and Conciliation Act, 1996

s 37

Benami Transactions (Prohibition) Act, 1988

Bombay Rent Act, 1947

s 28(1)(a)

Code of Civil Procedure, 1908

Commission set up under the Monopolies and Restrictive Trade Practices Act, 1969

Companies Act, 2013

Constitution of India

Art 14

Copyright Act, 1957

s 62(2)

CPC by the amending Act, 1976

District Code

s 1533

Foreign Awards (Recognition and Enforcement) Act, 1961

Foreign Exchange Regulation Act, 1973

India for the purposes of the Act, 1969

Indian Contract Act, 1872

s 23

Indian Evidence Act, 1872

Indian Limitation Act, 1963

s 3(1)

Limitation Act, 1963

s 3 s 3(1)

Maharashtra Cooperative Societies Act, 1960

s 91(1)

Man Roland (supra) stated the such a clause would not act as a bar to proceedings under the Act, 1969

Part I of the Act, 1996

Part I of the larger scheme of the Act, 1996

Rent Act

s 28 s 5(11)

Such arbitration shall be held in accordance with the Arbitration and Conciliation Act, 1996

Cases Cited (37)

IN (37)

(1964) 4 SCR 409 (1982) 2 SCC 244 (1982) 3 SCC 487 (1985) 2 SCC 54 (1999) 3 SCC 267 (2003) 5 SCC 705 (2004) 12 SCC 376 (2004) 12 SCC 673 (2004) 3 SCC 688 (2004) 7 SCC 447 (2005) 1 SCC 172 (2005) 7 SCC 510 (2006) 5 SCC 638 (2006) 5 SCC 658 (2014) 5 SCC (Civ) 12 (2014) 9 SCC 263 (2015) 2 SCC (Civ) 204 (2015) 2 SCC 52 (2015) 3 SCC 49 (2016) 4 SCC 126 (2017) 2 SCC 228 (2017) 4 SCC 665 (2018) 2 SCC 534 (2019) 15 SCC 131 (2019) 4 SCC 367 (2021) 4 SCC (Civ) 437 (2021) 9 SCC 1 (2024) 4 SCC 341 (2025) 7 SCC 1 2025 INSC 1255 AIR 1932 Cal 146 AIR 1959 SC 781 AIR 1964 SC 497 AIR 1982 Cal 333 AIR 1995 Bom 227 AIR 2003 SC 2629 AIR 2004 Cal 217

Cited By (1)

insc-2025-1255

Urban Infrastructure Real Estate Fund vs Neelkanth Realty Private Limited