VidhiSangh

Supreme Court of India · 02/03/2023

SUPER DIAMOND TOOLS & ORS. versus K. MOHAN RAO

[2023] 3 S.C.R. 644 · 2023 INSC 192

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Summary

In an arbitration over partnership accounts referred by the Madras High Court in 1997 at the instance of an outgoing partner, the surviving partner filed no claim but a counter-claim in December 1997 alleging over-invoicing and diversion of diamonds; the sole arbitrator, taking accounts for twenty-one years, awarded about Rs. 53.87 lakhs with 18 per cent interest. A Single Judge upheld the award but the Division Bench set it aside as contrary to public policy. The Supreme Court dismissed the surviving partner's appeal: the respondent ceased to function as a partner in December 1993 and reconciliation was demanded in February 1994, so the counter-claim was made beyond three years from knowledge of the alleged fraud; Section 17 of the Limitation Act, 1963 only postpones the start of limitation to the date of knowledge and requires specific pleading of fraud, which the counter-claim lacked.

Issues

  1. Whether a counter-claim in arbitration alleging fraud by an outgoing partner, filed more than three years after the surviving partner's knowledge of the alleged malpractices, is saved by Section 17 of the Limitation Act, 1963, and whether an award founded on it could be set aside under Section 34 of the Arbitration and Conciliation Act, 1996.

Provisions considered

Held

Result

Appeal dismissed; Madras High Court Division Bench order dated 29.09.2008 in OSA No. 67 of 2007 setting aside the arbitral award and appointing a fresh arbitrator affirmed; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 644.