VidhiSangh

Supreme Court of India · 15/03/2021

SECUNDERABAD CANTONMENT BOARD versus M/S B. RAMACHANDRAIAH & SONS

[2021] 3 S.C.R. 68 · 2021 INSC 186

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court set aside appointment of an arbitrator because the contractor’s Section 11 applications were filed beyond limitation. Time ran, at the latest, when the contractual appointing authority failed to appoint within the period demanded in January 2007. Subsequent reminders and a final rejection in November 2010 did not restart it. The Court separately found the underlying claims manifestly time barred, while preserving the distinction between limitation for appointment and limitation of substantive claims.

Issues

  1. When limitation began for the applications seeking appointment of an arbitrator.
  2. Whether reminders or a later express rejection restarted limitation, and whether manifestly stale claims could be screened at referral.

Provisions considered

Held

Result

Appeals allowed; High Court judgment appointing the arbitrator set aside.

Judgment PDF: Supreme Court of India, [2021] 3 S.C.R. 68.